Law Changes in Kazakhstan

On March 15, 2007, the Law on "Changes and Complements in Several Legal Acts of the Kazakh Republic Concerning Intellectual Property Matters" came into force in the Kazakh Republic. The main changes concern the Patent Law and are as follows: 1. The term "Preliminary Patent" is abolished in connection with inventions and industrial designs; 2. Instead of "Preliminary Patent" in connection with inventions the new term "innovation patent" is established. 3. The Applicant has the right to apply for a patent circumventing the innovation patent. 4. In our opinion the concept of the innovation patent is directed towards national applicants. A innovation patent is valid for three years from the application date and its duration can be extended upon request but not longer than for two more years. The innovation patent is issued at the applicant's risk and responsibility with regard to world-wide novelty and inventive step. The examination of the innovation patent comprises the following steps: - it is checked, whether all documents have been filed properly according to the filing requirements, - whether the unity of invention requirement is met; - whether the embodiment is related to the object, for which the protection as invention is sought for; - the priority date is established; - the "local" novelty of the embodiment applied for is checked with regard to patented inventions in the Kazakh Republic, utility models, patents issued on the basis of international treaties joined by the Kazakh Republic, published Eurasian applications, pending applications by other applicants filed with the PTO before the priority date of the examined application, and also with regard to industrial applicability. Changes concerning the Law on Trademarks are as follows: 1. Conditions for repeated registration of a trademark (section 17). From now on a trademark which has expired cannot be newly registered in the name of someone else than the former holder within one year (previously three years) from the expiration date. 2. Also, from now on a registration can be cancelled on grounds of non-use, when the trademark has not been used for three years (previously five years) from the filing date or three years (previously five years) before the filing of the cancellation request.

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