Industrial Designs Law in Kazakhstan
In Kazakhstan, industrial design protection is governed by the Patent Law of the Republic of Kazakhstan, as amended, and is administered by the National Institute of Intellectual Property (Qazpatent). Kazakhstan is also a member of the Eurasian Patent Organization (EAPO), allowing for regional protection of industrial designs.
📝 What Is an Industrial Design?
An industrial design refers to the ornamental or aesthetic aspect of a product, including its shape, configuration, pattern, or color. To be eligible for protection, a design must be
New: Not previously disclosed to the public.
Original: Possessing unique features that distinguish it from existing designs
Industrially Applicable: Capable of being reproduced in an industrial or handicraft process.
Designs that are solely dictated by technical functions, contrary to public interest, or related to architectural works (except for minor architectural forms) are not eligible for protection.
📄 Registration Process
Application Submission: File an application with Qazpatent, including representations of the design and a list of essential features.
Formal Examination: Qazpatent conducts a formal examination to ensure the application complies with procedural requirements.
Substantive Examination: An expert organization assesses the design's novelty, originality, and industrial applicability.
Granting of Patent: If the design meets all criteria, a patent is granted.
Foreign applicants must appoint a registered Kazakhstani patent attorney to represent them.
⏳ Duration and Renewal
Initial Protection: 10 years from the filing date.
Renewal: The patent can be renewed for three additional periods of five years each, totaling a maximum of 25 years.
🌍 International Protection
Kazakhstan is a member of the Eurasian Patent Organization (EAPO). Through the Eurasian Patent Convention, designers can obtain a single patent effective in several member states, including Armenia, Azerbaijan, Belarus, Kyrgyzstan, Russia, and Tajikistan. The Protocol on the Protection of Industrial Designs entered into force in Kazakhstan on April 12, 2021, enabling regional protection of industrial designs.
⚖️ Enforcement and Legal Remedies
Industrial design rights in Kazakhstan can be enforced through civil and criminal legal actions. Infringement may result in remedies such as injunctions, damages, and the seizure of infringing goods. The rights holder must initiate legal proceedings to enforce their rights.
✅ Summary
Governing Legislation: Patent Law of the Republic of Kazakhstan.
Registration Authority: National Institute of Intellectual Property)
Eligibility Criteria: Design must be new, original, and industrially applicable.(
Duration: 10 years, renewable up to 25 years.
International Protection: Available through the Eurasian Patent Organization.
Enforcement: Through civil and criminal legal actions.
RELATED Blog
0 comments