On amendments and additions to some legislative acts of the Republic of Kazakhstan on intellectual property issues
The Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.
Note from <url>!
For the procedure for the enactment of this Law, see art. 2.
Article 1. To make amendments and additions to the following legislative acts of the Republic of Kazakhstan:
1. To the Civil Code of the Republic of Kazakhstan (Special Part) dated July 1, 1999:
in article 972:
subitems 8) and 12) of paragraph 1 shall be worded as follows:
"8) works of decorative and applied art;";
"12) computer programs (software);";
In paragraph 2, replace the words "computer programs" with the words "computer programs (software)".
2. To the Business Code of the Republic of Kazakhstan dated October 29, 2015:
subparagraph 64) of Article 138, after the words "for use", add the words "objects of copyright and related rights,".
3. To the Code of the Republic of Kazakhstan dated December 26, 2017 "On Customs Regulation in the Republic of Kazakhstan":
Paragraph 1 of Article 461 after the word "maintenance" should be supplemented with the words "geographical indications".
4. To the Law of the Republic of Kazakhstan dated June 10, 1996 "On Copyright and Related Rights":
1) throughout the text, the words "organizations managing property rights on a collective basis", "Organization managing property rights on a collective basis", "organizations managing property rights on a collective basis", "Organization managing property rights on a collective basis", "Organizations managing property rights on a collective basis", "organizations managing property rights on a collective basis", "organizations managing property rights on a collective basis", "organizations, managing property rights on a collective basis", "organization managing property rights on a collective basis", "organization managing property rights on a collective basis", "organization managing property rights on a collective basis", "organizations managing property rights on a collective basis", respectively, should be replaced by the words "organizations for collective management rights", "Organization for collective management of rights", "Organization for collective management of rights", "Organization for collective management of rights", "Organizations for collective rights management", "organizations for collective rights management", "organizations for collective rights management", "organizations for collective rights management", "organizations for collective rights management", "organizations for collective rights management", "organizations for collective rights management", "organizations for collective rights management";
2) in article 2:
in subparagraph 9):
replace the words "computer program" with the words "computer program (software)";
Delete the word "electronic".;
add the following sub-items 15-1), 15-2), 15-3), 15-4), 21-1) and 21-2) as follows:
"15-1) computer program (software) – a set of commands expressed in the form of words, diagrams or in any other form of expression, when recorded on a machine-readable material medium, the computer performs or achieves a specific task or result, including preparatory materials, the nature of which is such that the computer program (software) is their the result at a later stage;
15-2) decompiling a computer program (software) is a technical technique that involves converting object code into source text in order to study the structure and encoding of a computer program (software);
15-3) adaptation of a computer program (software) or database – making changes to computer programs (software) or databases carried out solely for the purpose of ensuring the functioning of a computer program (software) or database on specific technical means of the user or under the control of specific user programs;
15-4) modification (processing) of a computer program (software) or database – any changes to a computer program (software) or database that are not adaptations;";
"21-1) unified digital platform in the field of collective rights management (hereinafter referred to as the unified digital platform) is a digital system of an expert organization that provides a single access point for its use in the field of collective rights management in accordance with this Law;
21-2) the subject of a unified digital platform in the field of collective rights management – the copyright holder, the organization for collective rights management, the user, the expert organization;";
Sub-paragraphs 40), 41), 42) and 43) should be deleted;
subparagraph 45) after the words "subsequent broadcast", add the words "(including retransmission)";
subparagraph 45-1) after the word "broadcast" add the words "(including retransmission)";
3) in article 7:
subitems 8) and 12) of paragraph 1 shall be worded as follows:
"8) works of decorative and applied art;";
"12) computer programs (software);";
Paragraph 2 should be worded as follows:
"2. The protection of computer programs (software) applies to all types of computer programs (software), including operating systems, which can be expressed in any language and in any form, including source code and object code.";
4) in paragraph 1 of article 9:
The third part should be worded as follows:
"In order to certify personal non-property rights to an unpublished work, as well as the copyright holder, in order to confirm possession of exclusive property rights to the work, at any time during the term of copyright protection or the validity of relevant agreements, the author has the right to enter information about the rights into the State Register of Rights to Copyrighted Objects. Information is entered into the State Register of Copyrighted Objects by an expert organization. The procedure for entering information into the State Register of Copyrighted Objects, as well as the form of a certificate confirming the entry of information and changes thereto, are approved by the authorized body.";
add the following part of the fourth:
"The State Register of Rights to Copyrighted Objects does not include information on the rights to works that serve (intended) to distinguish the goods (services) of some individuals or legal entities from similar goods (services) of other individuals or legal entities.";
5) delete article 9-1;
6) in article 9-2:
in paragraph 1:
Sub-paragraphs 1), 3) and 4) should be worded as follows:
"1) introduces information, changes and cancellation in the State Register of Rights to Objects protected by Copyright;";
"3) maintains the State Register of Copyrighted Objects and provides access to it;
4) form and maintain registers in the field of collective management of rights provided for by this Law;";
add the following sub-items 5), 6), 7), 8), 9), 10) and 11) as follows:
"5) implements a single digital platform, as well as ensures that information is posted by organizations for the collective management of rights and users in accordance with articles 44, 46 and 47 of this Law;
6) carries out information content, development, maintenance and system maintenance of the unified digital platform in accordance with the requirements of this Law;
7) monitors the unified digital platform, as well as ensures the interaction of the unified digital platform with digital systems;
8) provides consulting assistance to the subject of the unified digital platform on the functioning of the unified digital platform free of charge;
9) ensures cybersecurity of data hosted on a single digital platform;
10) manages the rights in the sphere of exercising the rights of authors, performers, producers of phonograms and audiovisual works to receive remuneration for the reproduction of phonograms and audiovisual works for personal purposes and without income;
11) carries out other types of activities not prohibited by the laws of the Republic of Kazakhstan.";
in the first paragraph of part one and part two of paragraph 2, the word "Register" should be replaced by the words "The State Register of Rights to copyrighted objects,";
7) in article 16:
subparagraph 5) of the second part of paragraph 3 should be worded as follows:
"5) a computer program (software).";
In paragraph 5, the words "organizations managing the property rights of authors on a collective basis" should be replaced by the words "organizations for the collective management of authors' rights";
8) in the first part of Article 16-1, the words "reproduction of a work for personal purposes without the author's consent and other cases" should be replaced by the words "and other cases, except for the cases established by Article 26 of this Law";
9) in subparagraph 3) of paragraph 2 of Article 18, the words "computer programs" should be replaced by the words "computer program (software)";
10) subparagraph 6) of Article 19 after the word "reproduction" should be supplemented with the words ", distribution, making available to the public, public performance";
11) in the title and throughout the text of Article 24, the words "computer programs", "computer programs", "computer program", "computer program" should be replaced, respectively, with the words "computer programs (software)", "computer programs (software)", "computer program (software software)", "computer program (software)";
12) paragraphs 3, 4 and 5 of Article 26 shall be worded as follows:
"3. Collection, distribution and payment of remuneration provided for in subparagraph 4) The second part of paragraph 3 of Article 43 of this Law is carried out by an expert organization.
4. The specified remuneration is distributed by an expert organization among organizations for the collective management of rights in accordance with this Law in the following proportions: forty percent to authors, thirty percent to performers, thirty percent to producers of phonograms.
5. The amount, procedure for collecting, distributing and paying remuneration are established by the authorized body of the Republic of Kazakhstan.";
13) in paragraph 4 of article 29, the words "organizations managing the property rights of authors on a collective basis" should be replaced by the words "organizations for the collective management of authors' rights";
14) in paragraph 12 of article 32:
replace the words "electronic form" with the words "digital form";
replace the words "computer software" with the words "computer program (software)";
15) in article 39:
In paragraph 2, the words "organizations managing the rights of producers of phonograms and performers on a collective basis (Article 43 of this Law)" should be replaced by the words "organizations for the collective management of the rights of producers of phonograms and performers (Article 43 of this Law)";
Delete paragraph 3;
16) subparagraph 2) of paragraph 2 of Article 40 should be supplemented with the words ", including by retransmitting their broadcasts";
17) in the first part of Article 40-2, the words "reproduction for personal purposes without the consent of the performer and producer of the phonogram and other cases" shall be replaced by the words "and other cases, except for the cases established by Article 26 of this Law";
18) in article 43:
in the second part of paragraph 3:
subparagraph 1) should be supplemented with the words ", as well as making it publicly available";
subparagraph 2) after the word "ether", add the words ", as well as making it publicly available";
subparagraph 5) should be worded as follows:
"5) exercising the rights of performers and producers of phonograms to receive remuneration for public performance, communication to the public by cable or broadcast, as well as making publicly available phonograms published for commercial purposes;";
Sub-paragraphs 6) and 8) should be deleted;
The second part of paragraph 4 should be worded as follows:
"At the same time, copyright and related rights holders can transfer such powers to only one collective rights management organization.";
19) in paragraph 2-1 of article 44:
after the word "obliged", add the words "through a single digital platform to conclude a contract and";
replace the word "electronic" with the word "digital";
20) in article 45:
in subparagraph 1), replace the word "electronic" with the word "digital";
in subparagraph 3), replace the words "paragraphs 2 and 3" with the words "paragraph 2";
21) add article 45-1 as follows:
"Article 45-1. A single digital platform
1. An expert organization manages a single digital platform and provides a single access point for its use in the field of collective rights management in accordance with the procedure determined by the authorized body.
2. To ensure the functioning of the unified digital platform, the expert organization forms and maintains the following registers in the field of property rights management on a collective basis (hereinafter referred to as registers):
1) the register of works;
2) register of authors and copyright holders;
3) the register of organizations for collective management of rights;
4) User registry;
5) the register of contracts;
6) other registers necessary for the functioning of a single digital platform.
Registers are formed and maintained in accordance with the procedure determined by the authorized body.";
22) in article 46:
in paragraph 1:
subparagraph 1) after the word "organization" add the words "and a single digital platform";
add subparagraph 1-1) as follows:
"1-1) use a single digital platform;";
in subparagraph 2):
Replace the word "thirty" with the word "twenty";
add the following part of the second part:
"At the same time, the amounts to cover their actual expenses for collecting, distributing and paying remuneration should be made in proportion to each amount owed to each copyright holder;";
add subparagraph 2-1) to read as follows:
"2-1) to enter into a single digital platform information about the collected, distributed, paid remuneration, as well as remuneration aimed at covering the costs of the organization for collective management of rights, in the manner and in the form determined by the authorized body;";
subitems 6) and 7) after the word "Internet resource" add the words "and a single digital platform";
subparagraph 8) should be supplemented with the words "and a single digital platform";
subparagraph 9) after the word "Internet resource" add the words "and a single digital platform";
in subparagraph 11), replace the word "electronic" with the word "digital";
add subparagraph 12) as follows:
"12) post on a single digital platform no later than ten working days:
amendments to the charter and other constituent documents of such an organization registered with the judicial authorities;
copies of concluded bilateral and multilateral agreements on mutual representation of interests with foreign organizations managing similar rights;
copies of the resolutions of the general meeting.";
add the words "and a single digital platform" to the second part of paragraph 1-1 and the second part of paragraph 2 after the word "Internet resource";
23) in article 46-2:
In paragraph 1, the words "by this Law" should be replaced by the words "by the conclusion of the commission on accreditation of organizations for collective management of rights (hereinafter referred to as the Commission on accreditation)";
Paragraph 2 should be worded as follows:
"2. The composition and regulations on the accreditation commission, the rules of accreditation, and the qualification requirements for collective rights management organizations are approved by the authorized body.
Information on the date of the meeting of the accreditation commission is posted by the authorized body in periodicals distributed throughout the Republic of Kazakhstan and on its Internet resource no later than thirty working days before the date of the meeting of the accreditation commission.";
points 3, 4, 5, 6, 7, 10 and exclude 11;
24) in paragraph 1 of article 47:
in part one:
The first paragraph should be worded as follows:
"1. The organization for the collective management of the rights of authors, performers, producers of phonograms or other holders of copyright and (or) related rights is obliged annually, no later than April 15 of the year following the reporting year, to provide the authorized body through a single digital platform:";
Sub-paragraphs 1), 2) and 3) should be deleted;
exclude part three;
25) in article 47-1:
In the first paragraph, replace the words "may be withdrawn" with the word "withdrawn".;
Sub-paragraphs 2), 3), 6) and 7) should be deleted.;
26) paragraph 2 of article 47-2 should be worded as follows:
"2. Information on the termination of the certificate of accreditation of organizations for collective management of rights is posted on the Internet resource of the authorized body and the unified digital platform within one month from the date of occurrence of the cases specified in paragraph 1 of this Article.";
27) add article 47-3 to Chapter 4 as follows:
"Article 47-3. Suspension of the certificate of accreditation of organizations for collective management of rights
1. The validity of the certificate of accreditation of organizations for collective management of rights is suspended by the authorized body for three months in the following cases::
1) failure to submit an annual report on the activities of an accredited organization to the authorized body within the prescribed period;
2) submitting to the authorized body an annual report on the activities of an accredited organization containing deliberately false information.
2. Information on the suspension of the certificate of accreditation of organizations for collective management of rights shall be posted on the Internet resource of the authorized body and the unified digital platform within one day from the date of occurrence of the cases specified in paragraph 1 of this Article.";
28) in subparagraph 4) of paragraph 2 of Article 48, the words "by cable or broadcast" should be replaced by the words "on the air (including retransmission) or by cable";
29) add article 48-2 as follows:
"Article 48-2. Control over the activities of individuals and legal entities using objects of copyright and related rights
1. The authorized body shall exercise control over the activities of individuals and legal entities using objects of copyright and related rights.
2. The persons specified in paragraph 1 of this article are obliged, upon request of the authorized body, to provide information on used works or objects of related rights, income received as a result of the use of objects of copyright or related rights, as well as information and documents related to royalties.".
5. To the Law of the Republic of Kazakhstan dated July 13, 1999 "On Protection of breeding achievements":
1) in paragraph 2 of Article 3-1:
The eighth paragraph of subparagraph 2) should be worded as follows:
"Regulations on the commission on the activities of patent attorneys;";
subparagraph 4) after the words "registry", "registry", add the words "(registries)", "(registries)" respectively;
sub-paragraph 5) should be deleted;
2) in subparagraph 9) of paragraph 1 of Article 3-2, the word "legislation" should be replaced by the word "laws";
3) in paragraph 1 of article 8:
The seventh part should be worded as follows:
"Office work can be restored by an expert organization upon presentation of a document on payment for the restoration of the missed deadline.";
add parts eight and nine as follows:
"An application for reinstatement of the deadline may be submitted by the applicant no later than twelve months from the date of expiry of the missed deadline. Such a request is submitted to the expert organization at the same time as the materials and payment documents requested by the expert examination.
The application may be withdrawn by the applicant before the registration of the breeding achievement in the State Register of Breeding Achievements.";
4) in paragraph 3 of Article 22-1, the words ", as well as public councils from the specified authorized bodies" should be deleted;
5) in paragraph 10 of article 22-3, the word "court" should be replaced by the word "court";
6) in article 22-4:
in paragraph 1:
Add the word "(registries)" to the first part after the word "registry".;
The second part should be worded as follows:
"Based on the results of the certification of persons applying to be a patent attorney and the issuance of a patent attorney's certificate, the patent attorney carries out activities in accordance with the specialization in the field of:
1) trademarks, geographical indications, names of the place of origin of goods;
2) inventions, utility models, industrial designs, and breeding achievements.";
In Part three, replace the words "Attestation Commission" with the words "Commission on the Activities of Patent Attorneys";
Add the word "(registries)" to the fourth part after the word "registry".;
In part five:
replace the word "Registry" with the word "Registries";
replace the word "hosted" with the word "hosted";
in paragraph 4:
in part one:
In the first paragraph, replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
in subparagraph 1), replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
sub-paragraph 3) should be deleted;
exclude part two;
In part three, replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
7) in article 22-6:
the heading after the words "registry", "registry" should be supplemented with the words "(registries)", "(registries)", respectively;
in paragraph 1:
in the first paragraph, replace the words "patent attorneys by the decision of the attestation commission" with the words "(registers) of patent attorneys by the decision of the commission on the activities of patent attorneys";
in subparagraph 1):
delete the word "personal".;
Replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
subparagraph 4) after the words "entry into force", add the word "legitimate";
in paragraph 2:
Replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
after the word "registry" add the word "(registries)";
paragraph 3 after the word "registry" add the word "(registries)";
in paragraph 4:
in part one:
In the first sentence, replace the words "appeals commission" with the words "commission on the activities of patent attorneys";
delete the second sentence;
subparagraph 1) of Part two, after the word "registry", add the word "(registries)";
exclude part three;
add paragraph 5 as follows:
"5. A complaint may be filed against the decision of the commission on the activities of patent attorneys to the appeals commission established under the authorized body for the pre-trial consideration of complaints from patent attorneys.
The procedure for reviewing complaints against the decisions of the commission on the activities of patent attorneys is determined by the authorized body.
Pre-trial consideration of these complaints is mandatory.
The decision of the appeal commission is made by a simple majority of votes, is formalized by the protocol and can be appealed to the court.".
6. To the Law of the Republic of Kazakhstan dated July 16, 1999 "Patent Law of the Republic of Kazakhstan":
1) in paragraph 2 of article 4:
The eighth paragraph of subparagraph 2) should be worded as follows:
"Regulations on the commission on the activities of patent attorneys;";
subparagraph 4) after the words "registry", "registry", add the words "(registries)", "(registries)" respectively;
sub-paragraph 5) should be deleted;
2) in subparagraph 9) of paragraph 1 of Article 4-1, the word "legislation" should be replaced by the word "laws";
3) in subparagraph 5) of paragraph 3 of Article 6, the words "computer programs" should be replaced by the words "computer programs (software)";
4) in paragraph 5 of Article 9, the words "jointly with authorized bodies in the field of science, state support for innovation and other interested bodies", "annually" should be deleted;
5) paragraph 16 of Article 11 after the word "are established" should be supplemented with the words "by an expert organization in agreement with";
6) in article 22:
Add the words ", as well as the relation of the claimed proposal to objects that are not recognized as inventions in accordance with paragraph 3 of Article 6 of this Law" to the second part of paragraph 1-1.;
Paragraph 5 should be supplemented with the second part as follows:
"If, during the formal examination, it is established that the claimed proposal is one of the solutions not recognized as an invention in accordance with paragraph 3 of Article 6 of this Law, a decision is taken to refuse to grant a patent, which the applicant is notified about within five working days.";
in the second part of paragraph 7, the words "to objects protected as inventions" should be replaced by the words "to technical solutions protected as inventions in accordance with paragraph 2 of Article 6 of this Law";
7) in paragraph 3 of Article 32, the words ", as well as public councils from the specified authorized bodies" should be deleted;
8) in paragraph 9 of article 32-2, the word "court" should be replaced by the word "court";
9) in article 36:
in paragraph 1:
Add the word "(registries)" to the first part after the word "registry".;
The second part should be worded as follows:
"Based on the results of the certification of persons applying to be a patent attorney and the issuance of a patent attorney's certificate, the patent attorney carries out activities in accordance with the specialization in the field of:
1) trademarks, geographical indications, names of the place of origin of goods;
2) inventions, utility models, industrial designs, and breeding achievements.";
In Part three, replace the words "Attestation Commission" with the words "Commission on the Activities of Patent Attorneys";
Add the word "(registries)" to the fourth part after the word "registry".;
In part five:
replace the word "Registry" with the word "Registries";
replace the word "hosted" with the word "hosted";
subparagraph 4) of paragraph 2 after the word "registry" add the word "(registers)";
in paragraph 4:
in part one:
In the first paragraph, replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
in subparagraph 1), replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
sub-paragraph 3) should be deleted;
exclude part two;
In part three, replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
10) in article 36-2:
the heading after the words "registry", "registry" should be supplemented with the words "(registries)", "(registries)", respectively;
in paragraph 1:
in the first paragraph, replace the words "patent attorneys by the decision of the attestation commission" with the words "(registers) of patent attorneys by the decision of the commission on the activities of patent attorneys";
in subparagraph 1):
delete the word "personal".;
Replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
subparagraph 4) after the words "entry into force", add the word "legitimate";
in paragraph 2:
Replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
after the word "registry" add the word "(registries)";
paragraph 3 after the word "registry" add the word "(registries)";
in paragraph 4:
in part one:
In the first sentence, replace the words "appeals commission" with the words "commission on the activities of patent attorneys";
delete the second sentence;
subparagraph 1) of Part two, after the word "registry", add the word "(registries)";
exclude part three;
add paragraph 5 as follows:
"5. A complaint may be filed against the decision of the commission on the activities of patent attorneys to the appeals commission established under the authorized body for the pre-trial consideration of complaints from patent attorneys.
The procedure for reviewing complaints against the decisions of the commission on the activities of patent attorneys is determined by the authorized body.
Pre-trial consideration of these complaints is mandatory.
The decision of the appeal commission is made by a simple majority of votes, is formalized by the protocol and can be appealed to the court.";
11) Article 37 should be worded as follows:
"Article 37. Patenting of industrial property objects in foreign countries
The filing of an application for industrial property objects in foreign countries established in the Republic of Kazakhstan is carried out after three months from the date of filing the relevant application with an expert organization, unless the applicant is notified within the specified period that the application contains information constituting state secrets.
An application for industrial property objects may be submitted earlier than the specified period, but after verification, at the request of the applicant, of the availability of information constituting state secrets in the application. The procedure for conducting an audit is established by the authorized body.".
7. To the Law of the Republic of Kazakhstan dated July 26, 1999 "On Trademarks, Service Marks, geographical Indications and Names of places of Origin of goods":
1) in paragraph 2 of Article 3:
in subparagraph 2):
The eighth paragraph should be worded as follows:
"Regulations on the commission on the activities of patent attorneys;";
add the following paragraph to the twelfth:
"rules for the recognition of a trademark or a designation used as a trademark as a well-known trademark in the Republic of Kazakhstan;";
subparagraph 4) after the words "registry", "registry", add the words "(registries)", "(registries)" respectively;
sub-paragraph 5) should be deleted;
2) in article 3-1:
in paragraph 1:
subparagraph 1) after the word "signs" add the words "geographical indications";
subparagraph 2):
after the word "signs" add the words "geographical indications";
after the word "signs" add the words ", the State Register of Geographical Indications";
subparagraph 4) after the word "signs" add the words ", the State Register of Geographical Indications";
subparagraph 5) after the word "signs" add the words ", the State Register of Geographical Indications";
sub-paragraphs 6) and 7) after the word "signs" add the words "geographical indications";
subparagraph 8) after the word "signs" add the words "geographical indications";
in subparagraph 9), replace the word "legislation" with the word "laws";
Paragraph 2 after the word "signs" add the words "geographical indications";
3) in article 6:
Sub-paragraphs 3) and 3-1) of paragraph 1 should be worded as follows:
"3) indicating the type, quality, quantity, property, purpose, value of goods, the place and time of their production or sale, as well as the place of provision of services;
3-1) reproducing international non-patented names of medicines or their bases;";
Add the words "their elements" to the first part of paragraph 2 after the word "differences";
4) in subparagraph 5) of paragraph 1 of Article 7, the words "with the names of the places of origin of goods protected in the Republic of Kazakhstan in respect of any goods" should be replaced by the words "with geographical indications and names of the places of origin of goods protected in the Republic of Kazakhstan in respect of similar goods";
5) in article 11:
in paragraph 1:
subparagraph 1) should be supplemented with the following part two:
"The preliminary examination is carried out in an expedited manner at the request of the applicant within ten working days from the date of filing the application;";
Add a second sentence to subparagraph 2) as follows:
"A full examination is conducted on an expedited basis at the request of the applicant within three months from the date of filing the application.";
in paragraph 2:
add a second sentence to the first part as follows:
"Office work on the application is suspended from the date of sending the request until a response to the request is received.";
add parts three and four of the following content:
"When conducting an accelerated full examination, additional materials must be submitted within three months from the date of sending the request of the expert organization to the applicant.
If the applicant fails to submit additional materials within the prescribed period, the office work is terminated, the application is considered withdrawn and cannot be restored.";
6) in paragraph 1 of Article 11-2, replace the words "one month" with the words "two months";
7) add the words "or the court" to subparagraph 7) of article 13;
8) Article 18-1 should be worded as follows:
"Article 18-1. Recognition of a trademark as well-known
A well-known trademark in the Republic of Kazakhstan is recognized by the decision of the authorized body as a trademark registered in the territory of the Republic of Kazakhstan or protected by international treaties, or a designation used as a trademark without its legal protection in the Republic of Kazakhstan, which has become widely known in the Republic of Kazakhstan as a result of active use.
A well-known trademark is granted the legal protection provided for by this Law.
The procedure and term for granting legal protection and termination of recognition of a trademark or designation used as a trademark as generally known in the Republic of Kazakhstan are approved by the authorized body.";
9) in article 20, the word "may" is replaced by the word "has the right";
10) in paragraph 3 of article 29:
replace the words "having a significant impact on the formation of special properties of a product" with the words "a certain quality, the reputation and (or) other characteristics of which are largely related to its geographical origin";
The words "issued by government agencies in accordance with the rules approved by the authorized body" should be deleted.;
11) in article 38, the word "may" be replaced by the word "has the right";
12) in paragraph 3 of Article 41, the words ", as well as public councils from the specified authorized bodies" should be deleted;
13) in article 41-2:
Subparagraph 2) of paragraph 4 should be worded as follows:
"2) petitions of the parties on the need for the parties to provide additional evidence;";
in paragraph 7, the words "to the applicant of the objection" should be replaced by the words "to the parties who participated in the consideration of the objection,";
In paragraph 9, the word "court" should be replaced by the word "court";
14) in paragraph 2 of Article 41-3, the words "persons" and "Persons" should be replaced by the words "parties" and "Parties", respectively;
15) in article 46:
in paragraph 1:
Add the word "(registries)" to the first part after the word "registry".;
The second part should be worded as follows:
"Based on the results of the certification of persons applying to be a patent attorney and the issuance of a patent attorney's certificate, the patent attorney carries out activities in accordance with the specialization in the field of:
1) trademarks, geographical indications, names of the place of origin of goods;
2) inventions, utility models, industrial designs, and breeding achievements.";
In Part three, replace the words "Attestation Commission" with the words "Commission on the Activities of Patent Attorneys";
Add the word "(registries)" to the fourth part after the word "registry".;
In part five:
replace the word "Registry" with the word "Registries";
replace the word "hosted" with the word "hosted";
subparagraph 4) of paragraph 2 after the word "registry" add the word "(registers)";
in paragraph 4:
in part one:
In the first paragraph, replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
in subparagraph 1), replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
sub-paragraph 3) should be deleted;
exclude part two;
In part three, replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
16) in article 46-2:
the heading after the words "registry", "registry" should be supplemented with the words "(registries)", "(registries)", respectively;
in paragraph 1:
in the first paragraph, replace the words "patent attorneys by the decision of the attestation commission" with the words "(registers) of patent attorneys by the decision of the commission on the activities of patent attorneys";
in subparagraph 1):
delete the word "personal".;
Replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
subparagraph 4) after the words "entry into force", add the word "legitimate";
in paragraph 2:
Replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
after the word "registry" add the word "(registries)";
paragraph 3 after the word "registry" add the word "(registries)";
in paragraph 4:
in part one:
In the first sentence, replace the words "appeals commission" with the words "commission on the activities of patent attorneys";
delete the second sentence;
subparagraph 1) of Part two, after the word "registry", add the word "(registries)";
exclude part three;
add paragraph 5 as follows:
"5. A complaint may be filed against the decision of the commission on the activities of patent attorneys to the appeals commission established under the authorized body for the pre-trial consideration of complaints from patent attorneys.
The procedure for reviewing complaints against the decisions of the commission on the activities of patent attorneys is determined by the authorized body.
Pre-trial consideration of these complaints is mandatory.
The decision of the appeal commission is made by a simple majority of votes, is formalized by the protocol and can be appealed to the court.".
The procedure for reviewing complaints against the decisions of the commission on the activities of patent attorneys is determined by the authorized body.
Pre-trial consideration of these complaints is mandatory.
The decision of the appeal commission is made by a simple majority of votes, is formalized by the protocol and can be appealed to the court.".
8. To the Law of the Republic of Kazakhstan dated June 29, 2001 "On Legal Protection of Integrated Circuit Topologies":
1) in article 4:
The seventh paragraph of subparagraph 2) should be worded as follows:
"Regulations on the commission on the activities of patent attorneys;";
subparagraph 4) after the words "registry", "registry", add the words "(registries)", "(registries)" respectively;
sub-paragraph 5) should be deleted;
2) in article 15:
in paragraph 1:
Add the word "(registries)" to the first part after the word "registry".;
The second part should be worded as follows:
"Based on the results of the certification of persons applying to be a patent attorney and the issuance of a patent attorney's certificate, the patent attorney carries out activities in accordance with the specialization in the field of:
1) trademarks, geographical indications, names of the place of origin of goods;
2) inventions, utility models, industrial designs, and breeding achievements.";
In Part three, replace the words "Attestation Commission" with the words "Commission on the Activities of Patent Attorneys";
Add the word "(registries)" to the fourth part after the word "registry".;
In part five:
replace the word "Registry" with the word "Registries";
replace the word "hosted" with the word "hosted";
in paragraph 4:
in part one:
In the first paragraph, replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
in subparagraph 1), replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
sub-paragraph 3) should be deleted;
exclude part two;
In part three, replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
3) in article 15-2:
the heading after the words "registry", "registry" should be supplemented with the words "(registries)", "(registries)", respectively;
in paragraph 1:
in the first paragraph, replace the words "patent attorneys by the decision of the attestation commission" with the words "(registers) of patent attorneys by the decision of the commission on the activities of patent attorneys";
in subparagraph 1):
delete the word "personal".;
Replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
subparagraph 4) after the words "entry into force", add the word "legitimate";
in paragraph 2:
Replace the words "attestation commission" with the words "commission on the activities of patent attorneys";
after the word "registry" add the word "(registries)";
paragraph 3 after the word "registry" add the word "(registries)";
in paragraph 4:
in part one:
In the first sentence, replace the words "appeals commission" with the words "commission on the activities of patent attorneys";
delete the second sentence;
subparagraph 1) of Part two, after the word "registry", add the word "(registries)";
exclude part three;
add paragraph 5 as follows:
"5. A complaint may be filed against the decision of the commission on the activities of patent attorneys to the appeals commission established under the authorized body for the pre-trial consideration of complaints from patent attorneys.
The procedure for reviewing complaints against the decisions of the commission on the activities of patent attorneys is determined by the authorized body.
Pre-trial consideration of these complaints is mandatory.
The decision of the appeal commission is made by a simple majority of votes, is formalized by the protocol and can be appealed to the court.".
9. To the Law of the Republic of Kazakhstan dated March 18, 2002 "On Judicial Authorities":
1) in subparagraphs 6) and 12) of article 21, the words "managing property rights on a collective basis" should be replaced by the words "on collective management of rights";
2) in the title and throughout the text of article 22-1:
replace the words "managing property rights on a collective basis" with the words "on collective management of rights";
after the word "use", add the words "objects of copyright and related rights,".
Article 2.
1. This Law shall enter into force sixty calendar days after the date of its first official publication, with the exception of:
1) sub-paragraphs 4) and 5) of paragraph 4 of Article 1, which will enter into force on January 1, 2027;
2) paragraph seven of subparagraph 22) of paragraph 4 of Article 1, which will enter into force on January 1, 2029.
2. Establish that:
1) obligations to conclude contracts through a single digital platform shall enter into force for broadcasting and cable broadcasting organizations from the date of entry into force of this Law, for theaters, cinemas, philharmonic halls – from July 1, 2026, for other users – from January 1, 2027;
2) contracts concluded by organizations for the collective management of rights with authors, copyright holders and users prior to the entry into force of this Law shall remain in force until their expiration date. At the same time, organizations for the collective management of rights are required to take measures to convert them into digital format by January 1, 2027.;
3) paragraph ten of subparagraph 2), paragraphs ten and twelve of subparagraph 6), paragraph two of subparagraph 14), paragraph three of subparagraph 19), paragraph two of subparagraph 20), paragraph fifteen of subparagraph 22) of paragraph 4 of Article 1 of this Law shall enter into force from the date of entry into force of the Digital Code of the Republic of Kazakhstan;
4) a patent attorney who has passed certification before the entry into force of paragraphs four, five, six and seven of subitems 6) of paragraph 5, paragraphs four, five, six and seven of subitems 9) of paragraph 6, paragraphs four, five, six and seven of subitems 15) of paragraph 7, paragraphs four, five, six and seven of the seventh subparagraph 2) of paragraph 8 of Article 1 of this Law, carries out its activities in these specializations until January 1, 2027.
3. To establish that until the Digital Code of the Republic of Kazakhstan enters into force, the tenth paragraph of subparagraph 2), paragraphs ten and twelve of subparagraph 6) of paragraph 4 of Article 1 of this Law are valid in the following wording:
"21-1) unified digital platform in the field of collective rights management (hereinafter referred to as the unified digital platform) is an information system of an expert organization that provides a single access point for its use in the field of collective rights management in accordance with this Law;";
"7) monitors the unified digital platform, as well as ensures the interaction of the unified digital platform with information systems;";
"9) ensures the information security of data hosted on a single digital platform;".
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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