Geographical Indications Law in Kazakhstan
Here’s an overview of Geographical Indications (GI) law in Kazakhstan:
1. Legal Framework
Kazakhstan has a dedicated legal framework for the protection of Geographical Indications.
The key law is the Law on Protection of Rights to Geographical Indications and Appellations of Origin (adopted in 2008).
Additionally, GI protection is integrated into Kazakhstan’s Intellectual Property Code and aligned with international treaties.
2. Definition and Scope
A Geographical Indication (GI) is defined as a sign used on products originating from a specific territory, whose quality, reputation, or other characteristics are essentially attributable to that geographical origin.
Kazakhstan protects both GIs and Appellations of Origin, with slightly different requirements:
Appellation of Origin usually requires that all stages of production occur in the defined area.
GI protection may be somewhat broader in scope.
3. Registration and Administration
GIs and Appellations of Origin must be registered with the National Institute of Intellectual Property (Kazpatent).
The registration process involves:
Submission of an application including the product specifications, geographical area, and production methods.
Examination by Kazpatent for compliance.
Publication and opposition period.
Registered GIs receive legal protection and exclusive rights to use the GI on the product.
4. International Agreements
Kazakhstan is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement.
It is also a member of the Eurasian Patent Organization (EAPO), which facilitates IP cooperation among member states.
Kazakhstan is party to the Paris Convention and Madrid Agreement.
5. Protection and Enforcement
Registered GIs are protected against:
Unauthorized use.
Misleading or false use.
Legal remedies include civil actions, administrative fines, and penalties.
Enforcement is overseen by Kazakh courts and IP authorities.
6. Practical Use
Producers or associations can apply to protect traditional Kazakh products, e.g., Kazakh Kumis (fermented mare’s milk) or Kazakh honey.
GI protection helps maintain product reputation and prevents imitation both domestically and internationally.
Summary Table
| Aspect | Status in Kazakhstan |
|---|---|
| Dedicated GI Law | Yes (Law on Protection of GI and Appellations of Origin, 2008) |
| Registration Authority | Kazpatent (National Institute of Intellectual Property) |
| International Treaties | WTO (TRIPS), Paris Convention, EAPO |
| Types of GI Protection | Geographical Indications & Appellations of Origin |
| Enforcement | Civil, administrative penalties |
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