Legal Advantages of Registration of
IPR in Kazakhstan
Intellectual Property Rights
Protection in Kazakhstan
Washington, DC...
BMF Group LLP
10 Floor, “Alatau” Business Center
Abai Ave., 151/115
Almaty, 050009
Republic of Kazakhstan
bmf@bmflegal.com...
Intellectual property rights (IPR) in Kazakhstan
IP
Results of intellectual
creative activity
Scientific, literary and
art...
Trademarks
Individual Collective
Trademarks (Marks)
Regular
Well-Known (total – 16)
- Zhanna
- Coca-Cola
- Sprite
- Fanta,...
Advantages of recognition of marks
as well-known in Kazakhstan
 a well-known mark or trademark has the same level of prot...
Statistics
 Applications filed as of 31.12.2012
 Trademarks ~ 60,592 National; 67,897 Madrid
Agreement
 Inventions ~ 36...
Examples of registered IPR in 2013
8
LADY GAGA FAME
WD-40
Licenses
Not registered license or sub-license agreement is not
valid
Formalities:
 4 copies in Russian or Kazakh with ti...
Licenses
 Needs to contain provision that quality of goods of
Licensee shall not be poorer than the same of
Licensor, eve...
Licenses
Other reasons to conclude a License Agreement
 Confirmation of trademark use;
 Customs Registration Purposes (B...
Why you need to register IP?
 Not registered – not protected; Registered –
protected by state;
 Registration does not gi...
Examples of violations –
all of them eliminated by BMF
BMF GROUP LLP
Arlan Yerzhanov
Partner, Representative in USA
Mob .: +1 (347) 424-1522
E-mail: ayerzhanov@bmflegal.com
Intellectual Property Rights Protection in Kazakhstan
Intellectual Property Rights Protection in Kazakhstan
Intellectual Property Rights Protection in Kazakhstan
Intellectual Property Rights Protection in Kazakhstan
Intellectual Property Rights Protection in Kazakhstan
Intellectual Property Rights Protection in Kazakhstan
Intellectual Property Rights Protection in Kazakhstan
Intellectual Property Rights Protection in Kazakhstan
Intellectual Property Rights Protection in Kazakhstan
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Intellectual Property Rights Protection in Kazakhstan

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Legal Advantages of Registration of IP rights in Kazakhstan

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Transcript of "Intellectual Property Rights Protection in Kazakhstan"

  1. 1. Legal Advantages of Registration of IPR in Kazakhstan Intellectual Property Rights Protection in Kazakhstan Washington, DC, November 4, 2013 by Arlan Yerzhanov, Partner & US representative of BMF Group
  2. 2. BMF Group LLP 10 Floor, “Alatau” Business Center Abai Ave., 151/115 Almaty, 050009 Republic of Kazakhstan bmf@bmflegal.com www.bmflegal.com This presentation is for informational purposes only and is not legal advice or consulting. Presenting this information does not create, and receipt does not constitute, a legal relationship. This presentation should not be used as a substitute for professional legal services or advice.
  3. 3. Intellectual property rights (IPR) in Kazakhstan IP Results of intellectual creative activity Scientific, literary and artistic works Performances, staging, phonograms and programs of organizations of air and cable broadcasting Inventions, utility models, industrial designs Selection achievements Topologies of integrated circuits Confidential information, including trade secrets (know-how) other results of intellectual creative activity Means of individualization firm's name trademarks (service marks) name of the place of origin (indication of the origin) of goods other means of individualization
  4. 4. Trademarks Individual Collective Trademarks (Marks) Regular Well-Known (total – 16) - Zhanna - Coca-Cola - Sprite - Fanta, and 12 others
  5. 5. Advantages of recognition of marks as well-known in Kazakhstan  a well-known mark or trademark has the same level of protection as a regular registered trademark, but irrespective of goods and services of its initial registration or use;  before recognition of a mark as well-known, it is unnecessary to register it as a trademark;  it is possible to prevent or terminate registration of a trademark that is identical or confusingly similar to a well-known trademark with respect to any goods or services within five years of its registration;  the owner of a well-known mark has the right to take actions against infringers of his rights to the well-known trademark with regard to any goods and services, including the ones in the Internet;  a trademark recognized as well-known has bigger value for its accounting purposes and, if necessary, as an input into the charter capital; and  in case of non-use of trademark registered for a number of classes, it can be partially deregistered for some goods and services. It is impossible in case of the well-known mark, which remains protected regardless of use of the marks in all classes of goods and services.
  6. 6. Statistics  Applications filed as of 31.12.2012  Trademarks ~ 60,592 National; 67,897 Madrid Agreement  Inventions ~ 36,000  Industrial Designs ~ 1,200  Utility Models ~ 1,250  Selection Achievements ~ 360
  7. 7. Examples of registered IPR in 2013
  8. 8. 8
  9. 9. LADY GAGA FAME WD-40
  10. 10. Licenses Not registered license or sub-license agreement is not valid Formalities:  4 copies in Russian or Kazakh with title page, bound and sealed and notarized;  Filed for registration within 6 months of the date of signing;  Accompanied with decision of licensor (for KZ entity) to grant the license; and  Mandatory examination for separate official fee.
  11. 11. Licenses  Needs to contain provision that quality of goods of Licensee shall not be poorer than the same of Licensor, even if Licensee does not produce the goods (e.g. uses only trademarks while distributing goods)  Governing Law and Enforceability - optional
  12. 12. Licenses Other reasons to conclude a License Agreement  Confirmation of trademark use;  Customs Registration Purposes (Border Measures) – parallel import, ex-officio actions;  Accounting, depreciation, including expedited depreciation; Calculation of damages;  Enforcement of IP Rights;  Separate LA for franchising.
  13. 13. Why you need to register IP?  Not registered – not protected; Registered – protected by state;  Registration does not give the right to use IP, but gives the right to forbid the use by others;  “First to File” and not “First to Use” country;  All transactions with registered objects must be registered - licenses, pledges, assignments, etc.;  Need to use Trademark or Patent;  IP – Intangible Assets.
  14. 14. Examples of violations – all of them eliminated by BMF
  15. 15. BMF GROUP LLP Arlan Yerzhanov Partner, Representative in USA Mob .: +1 (347) 424-1522 E-mail: ayerzhanov@bmflegal.com
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