Kazakhstan
Kazakhstan is the ninth largest country in the world, located mostly in Asia, with a small part belonging to Europe. It is the biggest economy of Central Asia, boasting a high degree of competitiveness and development. Official implementation of electronic transactions facilitates obtaining protection and defending intellectual property rights, with some legal actions available only electronically for persons with a nationally recognized electronic signature. The national currency of Kazakhstan is tenge.
A variety of IP objects are available in Kazakhstan:
– Inventions or utility models, through national patent applications or PCT entry
– Trademarks, through national trademark applications or Madrid registrations
– Industrial designs, through national applications
– Appellations of origin and geographical indications
– Copyright
– Computer programs, as an object of copyright
– Plant varieties and animal breeds
The Kazakh Patent and Trademark Office (National Institute of Intellectual Property) conducts correspondence in Kazakh and Russian languages. Any foreign applicant needs to appoint a local Patent Attorney for handling its IP matters before the Office. The appointment can be confirmed with a signed Power of Attorney, a copy of which will be sufficient in most cases. However, the original Power of Attorney will be required for the matters considered by the Appeal Council. If a POA is in a foreign language, it will need a notarized translation. However, a two or three language POAs (in a foreign language with its equivalent in Kazakh/Russian) will require no translation.
Average examination timeframe by the Kazakh Patent and Trademark Office is about 12-18 months for inventions, about 2-3 months for utility models, and about 7-8 months for trademarks and industrial designs. The trademarks filed through the Madrid system are considered within about 10-12 months, although the Institute intends to shorten this time. Trademark prosecution involves publishing the trademark for oppositions by third parties, which can be filed within 1 month from its publication.
When an IP-related matter proceeds to court, they are considered by specifically appointed courts in Astana when the case concerns the decisions of the Appeal Council or if National Institute of Intellectual Property is one of the defenders. Otherwise, the plaintiff need to apply to interdistrict economic court or a district court. An attorney well-versed in the local court practice will ensure protection of the client’s best interest in any matter.
For general information on the costs, please contact us at quotes@patentica.com or info@patentica.com, and we will be happy to provide a precise calculation for your particular situation, including any unorthodox matters. If it concerns potential oppositions, litigation or other such cases that are usually based on an hourly rate, please send us a brief description of the circumstances. We will analyze the case and prepare a detailed professional estimation of associated costs.