On October 6 anni currentis 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” was held in Astana organized by the Ministry of Justice of the Republic of Kazakhstan.
Parliamentarians, representatives of the Ministry of Justice, as well as Ministry of Internal Affairs, Ministry of Finance, Ministry of Energy, Ministry of information and communication, Ministry of culture and sport, National Chamber of Entrepreneurs "Atameken", National Institute of Intellectual Property, research institutions, organizations of collective management of copyright and related rights, patent attorneys and representatives of business participated in the Public hearing.
The Public hearing was opened by a moderator, Public Council Chairman Zhumabekov O.I., Deputy Chairman of the Board of the NCE “Atameken". Member of the Board Abenov M.A. and Mazhilis member Bizhanova G.K. delivered welcome speech. Deputy Minister of Justice Azimova E.A. presented the draft law.
Patent attorneys Abdykulov A.A., Tagbergenova M.M. addressed the hearing. And patent attorney Bolotov Y.A. presented expert evaluation.
Questions relating to amendments and supplements were put in debating, as well as issues of principle of exhaustion of rights, copyright and patenting of selection inventions were broached.
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 Justice www.adilet.gov.kzand National Institute of Intellectual Property www.kazpatent.kz, in «Juridicheskaya gazeta» («Юридическая газета»,), «Zan gazety» («Заң газеті») periodicals №№ 101, 102, 103 dated September 14, 17, 20, 2016.
