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Information letter Republic of Kazakhstan has drafted a bill of the Republic of Kazakhstan «On modifications and amendments to some acts of the Republic of Kazakhstan concerning improvement of the legislation in the field of intellectual property

The Ministry of Justice of the Republic of Kazakhstan has drafted a bill of the Republic of Kazakhstan «On modifications and  amendments to some acts of the Republic of  Kazakhstan concerning improvement of the legislation in the field of intellectual property (hereinafter – the Bill).

The bill is designed to further improve the intellectual property legislation.

The OECD countries’ experience is studied as well as the membership of the Republic of Kazakhstan in the Eurasian economic union is taken into consideration.

The basic innovation of the Bill is the proposal to transfer the competence of the authorized body (Ministry of Justice) on registration of the rights to the works protected  with copyright, registration and granting titles of protection for the objects of industrial property  to the expert organization ( National institute of intellectual property), while retaining the control over state services by the authorized body.

The draft law presents modification on ensuring effective protection of the rights of authors, elimination of legal gaps and improvement of service. The amendments modifying the procedure of consideration of the application for a trade mark, requirements to the description of the application for an industrial design are made.

The system of registration of license agreements on objects of the industrial property  is simplified in order to bring the national legislation in conformity with

the provisions of Patent Law Treaty and  Singapore Treaty on the Law of Trademarks ratified by the Republic of Kazakhstan.

Apart from that the amendments directed on bringing the current legislation in conformity with requirements of international agreements in the field of intellectual property are made.

The Draft law and its Concept is available on the NIIP website http: // www.kazpatent.kz in section "Circulars".

Remarks to the  bill can be directed within a month from the date of publication on the mentioned websites to following electronic addresses:

- S.Nurimbetova@adilet.gov.kz (for Nurimbetova S.A. –deputy director of Department on intellectual property rights of the MJ);

- kazpatent@kazpatent.kz, abenova@kazpatent.kz (for Abenova A.B. – the chief expert –counselor of NIIP).

 
December 2019
 
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