Registration of Intellectual Property - through one-tier system
In Taldykorgan were held public hearings on the draft Intellectual Property Law
Representatives of regional authorities, the Chamber of entrepreneurs of Almaty region, the National Institute of Intellectual Property, academics, judges, patent attorneys and business entities attended the discussion of the draft law.
Presenting the amendments, Deputy Director of the Department of Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan S. Nurimbetova noted that the objective of the draft law is to ensure the systematic transition to the standards of the Organization for Economic Cooperation and Development in the field of protection of intellectual property.
"The main novelty of the draft law is the creation of a single-level intellectual property registration system by delegating authorities to an expert organization (RSE" National Institute of Intellectual Property ") on registration of rights to intellectual property, which makes it possible for the expert organization to register it directly, - said the representative of the Ministry of Justice. - The document also suggests the possibility of an extension of pre-trial registration dispute resolution, confers the Board of Appeal with powers to consider disputes on similarity of trade names and trademarks, as well as registration of trademarks on the name of the distributor.
Legislative amendments also provide for the rights holders to obtain compensation for unlawful use of a trademark from 500 to 10 000 MCI similar to the compensation for the violation of copyright. As suggested by the developers, the publication of trademark applications from the time they arrive in the expert organization will reduce the number of disputes by providing an early awareness of all interested parties, simplified procedure of registration of contracts, eliminating the need to submit to the expert organization the original contract.
In general, the draft law was supported.
The full text of the draft law and the concept of it are posted on the official Internet resource of the Ministry of Justice www.adilet.gov.kz and the National Institute of Intellectual Property www.kazpatent.kz in the publications "Legal Newspaper", "Zan gazetі" # 101, 102, 103 dated by 14, 17, 20th of September 2016.
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