On October 26, 2016 Public hearing on the draft law of the Republic of Kazakhstan “On amendments and supplements to some legislative acts in the field of intellectual property” organized by the Ministry of Justice of the Republic of Kazakhstan was held in Shymkent.
Representatives of local authorities, Chamber of entrepreneurs, Department of the Interior and the Department of State Revenue of the South Kazakhstan region, National Institute of Intellectual Property and research institutions, Specialized interdistrict economic court, and business entities participated in the Public hearing.
The Public hearing was opened by a moderator, Director of the Department of intellectual property rights of the Ministry of Justice of RK Yestayev A.K.,
Chief expert, advisor to the Director National Institute of Intellectual Property A.B. Abenova presented the draft law.
During the discussion, questions according to the Law "On the commercialization of scientific and (or) scientific and technical activities", regarding the commercialization of industrial property objects, namely patents, terms of examination of applications for inventions and innovation grants were asked.
The draft law objective is to provide consistent transition to standards of Organization for Economic Co-operation and Development in the area of intellectual property protection.
General amendments of the draft law are:
- establishment of a single-level system for registration of intellectual property objects by delegating authorities on registration of intellectual property rights to the expert organization (RSE “National Institute of Intellectual Property”) which allow applicants register rights directly in the expert organization;
- extending the possibility of pre-trial review concerning registrations vests Appeal Board with authority to consider disputes on confusing similarity of commercial names and trademarks, and registration of trademarks in the name of distributor;
- ensuring rights of trademark owners to receive compensation from 500 MCI to 10000 MCI for illegal use of trademark by analogy with damages for infringement of copyrights;
- publication of trademarks applications from the moment of their receipt to the expert organization is going to reduce number of disputes due to provision of early awareness of any parties in interest;
- simplification of contract registration procedures avoids the necessity for presenting to the expert organization original copy of a contract.
Thus, the draft law was promoted.
Full texts of the draft Law and Conception to it are published on the official Internet resources of the Ministry of Justicewww.adilet.gov.kzand National Institute of Intellectual Propertywww.kazpatent.kz, in «Juridicheskaya gazeta» («Юридическая газета»,), «Zan gazety» («Заң газеті») periodicals №№ 101, 102, 103 dated September 14, 17, 20, 2016.
