On January 5, 2021, the President of Kazakhstan signed the Law of the Republic of Kazakhstan On Introducing Amendments and Supplements to Certain Legislative Acts of the Republic of Kazakhstan on Customs Regulation and Business Activities No. 407-VI.
The law introduces significant changes related to the procedure for including a trademark into the Customs Register of Intellectual Property Objects:
1. The requirement for provision of a document that proves the products’ movement across the border of the Eurasian Economic Union (“EAEU”) in violation of IP rights is abolished. Until 2021, to include trademarks into the register right holders or their representatives have had to submit an application to the customs authorities and provide a document proving the products’ movement across the border of the EAEU in violation of IP rights, e.g. a copy of court resolution confirming the violation of IP rights, issued in any country of the EAEU. This requirement hindered the inclusion of trademarks into the register and resulted in counterfeit and parallel imports.
2. Applications and other documents should be submitted only in electronic form. This will simplify the procedure for collecting documents and submitting applications, as well as help to protect the rights of trademark owners.
The law will also introduce the following advances related to the customs authorities’ operation in Kazakhstan:
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informatization of systems will reduce the time required for consideration and decision-making on applications from entrepreneurs;
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the operation of the customs information database and the "Single Window" system will improve;
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the procedure for conducting internal and external customs inspections will be revised. Cameral customs inspection will be reduced from 6 to 2 months, and restrictions will be imposed on on-site customs inspections.
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corruption risks and will be reduced by minimizing human involvement;
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the terms for the provision of public services will be significantly reduced.
The changes became effective on January 17, 2021.