National Institute of Intellectual Property
An application for a geographical indication and/or granting the right to use a geographical indication (hereinafter referred to as the application) is submitted to the expert organization.
The application must relate to one geographical indication and must be submitted on a standard form and contain:
The application is submitted to the expert organization for:
- registration of a geographical indication and (or) granting the right to use a geographical indication (hereinafter referred to as an application for a geographical indication);
- registration of the appellation of origin of goods and (or) granting the right to use the appellation of origin of goods (hereinafter referred to as the application for the appellation of origin of goods).
An application for a geographical indication must be for a single geographical indication.
An application for an appellation of origin must refer to one place of origin of the goods.
An application for a geographical indication must be submitted on a standard form and contain:
1) an application for state registration of a geographical indication and (or) for granting the right to such a geographical indication indicating the applicant (applicants), as well as his (their) location or place of residence;
2) the claimed designation;
3) the type of goods in respect of which state registration of a geographical indication is requested;
4) indication of the place of origin (production) of goods (borders of a geographical object);
5) information relating to the relationship of the characteristics of the goods with the place of its origin (production);
6) a description of the quality, reputation and (or) other characteristics of the goods (including the source material used for its production, physical, chemical, microbiological, organoleptic or other characteristics), which are largely determined by its geographical origin;
7) a description of the method of production of goods, as well as information on the conditions of its storage and transportation, if this has a significant impact on the formation and preservation of the characteristics of the goods;
8) information confirming the right to carry out activities for the production of goods, if this is provided for by the laws of the Republic of Kazakhstan.
If a geographical object, the name of which is declared as a geographical indication, is located on the territory of the Republic of Kazakhstan, the application shall be accompanied by a conclusion of the local executive body stating that within the boundaries of this geographical object, the applicant carries out at least one of the stages of production of goods that has a significant impact on the formation of special product properties. Also attached to the application is a document or documents confirming that a certain quality, reputation and (or) other characteristics of the claimed product are largely determined by its geographical origin.
An application for an appellation of origin must be submitted on a standard form and contain the information specified in paragraph 2 of this article, as well as a description of the special properties of the product and other characteristics (including the starting material used for its production, physical, chemical, microbiological, organoleptic or other characteristics), which are exclusively or mainly determined by the natural conditions and (or) human factors characteristic of a given geographical object.
If the geographical object, the name of which is declared as the name of the place of origin of the goods, is located on the territory of the Republic of Kazakhstan, the application shall be accompanied by the conclusion of the local executive body that the applicant produces the declared goods within the boundaries of this geographical object. Also attached to the application is a document or documents confirming that the special properties of the declared goods are exceptional or mainly determined by the natural conditions and (or) human factors characteristic of this geographical object.
An application for granting the right to a previously registered geographical indication and an appellation of origin of goods located on the territory of the Republic of Kazakhstan shall be accompanied by a conclusion of the local executive body stating that the applicant manufactures goods within the boundaries of this geographical object, as well as a document confirming the presence of special characteristics and properties goods specified in the State Register of Geographical Indications and the State Register of Appellations of Origin, issued by the authorized body, to the industry of which the declared goods belong.
An application for a geographical indication, an application for an appellation of origin shall be accompanied by documents confirming payment for the services of an expert organization for the examination. In the case of record keeping through a representative, a copy of the power of attorney is attached to the application.
An application for a geographical indication, an application for an appellation of origin and the documents attached to them shall be submitted in Kazakh or Russian.
