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Customs Union and IP protection


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Customs Union and IP protection

  1. 1. BMF Group LLP 10 Floor, “Alatau” Business Center Abai Ave., 151/115 Almaty, 050009 Republic of Kazakhstan 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.
  2. 2. Customs Union and IP protection Intellectual Property Washington, DC, September 12, 2013 by Arlan Yerzhanov, Partner & US representative of BMF Group
  3. 3. Market - Kazakhstan Population - 17,736,896 (61 country in the world) Area – 2 724 900 square kilometers (9th biggest country in the world)
  4. 4. Customs Union within the Eurasian Economic Community (EEC) A new market with population of nearly 169 mln. people and total area of more that 20 mln. sq. km is created Country Population (July 2013 est) Area (sq. km) Russia 142,500,482 17,098,242 Kazakhstan 17,736,896 2,724,900 Belarus 9,625,888 207,600
  5. 5. Intellectual Property protection independent from the country of import/export • Term of protection no longer than 2 years from the moment of inclusion into the IP register. • Mechanism of notification of IP rights holder about facts of IP infringements. Kazakhstan register IP objects IP right holder Before CU After CU CU Unified register IP objects Kazakhstan register IP objects IP right holder Belarus register IP objects IP right holder Russia register IP objects IP right holder
  6. 6. Mechanism of intellectual property protection during customs procedures Goods Customs Control Customs body discovered a fact of IP infringement Whether goods are registered with Kazakhstan and CU IP registers? Inquiry to IP protection Committee of Ministry of Justice Customs clearance suspended Notification of IP rights holder and declarant 10 days for IP protection claim Restart of Customs clearance Customs clearance Yes No Yes No
  7. 7. BMF GROUP LLP Arlan Yerzhanov Partner, Representative in USA Mob .: +1 (347) 424-1522 E-mail: