Participation of the Republic of Kazakhstan in the Eurasian Patent Office

21.01.2022

The Republic of Kazakhstan since September 9, 1994, thanks to the Eurasian Patent Convention, has been actively participating in the Eurasian Patent Office.

It is clear that we are talking primarily about the Eurasian space. Kazakhstan always actively cooperates with the countries of the Eurasian space. For example, the above-mentioned participation in the Eurasian Patent Office entitles Kazakh entrepreneurs to protect inventions in the Eurasian space. Recently there has been an expansion of Kazakhstan's participation in the Eurasian Patent Office. The proof of this is the ratification on October 14, 2020 by the Mazhilis of the Parliament of the Republic of Kazakhstan of the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention of September 9, 1994. This legislative action significantly expands the possibilities of patenting industrial designs in Kazakhstan by filing applications with the Eurasian Patent Office for simultaneous protection in the territory of eight states (Kazakhstan, Russia, Azerbaijan, Armenia, Belarus, Kyrgyzstan, Tajikistan, Turkmenistan). Previously, before the adoption of this bill, it was necessary to separately file applications and pay fees in each individual state. This increases the level of protection of rights to industrial designs in the trade process in the Eurasian space. Now the protection of rights to industrial designs of goods of the Eurasian market will be carried out through a regional patent. Previously, Kazakh entrepreneurs had to protect their rights to an industrial design by obtaining patents separately in each of the eight countries mentioned above.

Thus, the ratification of the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention of September 9, 1994 leads to a significant reduction in administrative barriers for Kazakh entrepreneurs.

An industrial design is an object of intellectual property rights relating to the appearance, design and ergonomic properties of an industrial or handicraft product. (Wikipedia). The most important conditions for obtaining a patent for an industrial design are novelty and originality. (Law of the Republic of Kazakhstan dated July 16, 1999 No. 427-I Patent Law of the Republic of Kazakhstan).

The novelty of an industrial design, based on the appearance of the product, in terms of the totality of its essential features, is unknown from publicly available information until the priority date of the industrial design.

For originality, the creative nature of the features of the patented product is of paramount importance.

According to the Patent Law of the Republic of Kazakhstan, solutions due to the technical function of the product, architectural objects of industrial, hydraulic and other stationary structures, objects of an unstable form from liquid, gaseous, loose or similar substances, products that are contrary to public interests, the principles of humanity and morality are not recognized as industrial designs.

A patent is a document of protection certifying the exclusive right, authorship and priority (Wikipedia) . The word patent comes from the Latin word "patens" - open, clear, obvious.

The authorized state body in the field of protection of the year of industrial designs is the state body determined by the Government of the Republic of Kazakhstan.

An industrial design patent is valid for fifteen years from the filing date of the application (Law of the Republic of Kazakhstan dated July 16, 1999 No. 427-I Patent Law of the Republic of Kazakhstan).