RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/KAZ/48 
18 March 2004  
 
(04-1213) 
Working Party on the 
Accession of Kazakhstan Original:   English 
 
 
 
ACCESSION OF KAZAKHSTAN 
 
Action Plan of the Republic of Kazakhstan for the Harmonization   
of the National Legislation on the Intellectual Property Rights with  
the WTO Agreement on Trade-Related As pects of Intellectual Property Rights  
(TRIPS) for the Period of 2004-2006  
  
 The following submission, is being circulated at the request of the Delegation of the Republic of Kazakhstan. 
 
 
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  WT/ACC/KAZ/48 
Page 2 No. Timeframe 
(year, quarter) Component Justification in the framework of the provisions set forth in the WTO 
Agreement on Trade-Related Aspects of Intellectual Property Rights Output 
2004 
1.  Improvement of the national legislation on  the protection of  intellectual property rights  
1.1 Quarters I-II 
 Drafting of the Law of the Republic of Kazakhstan "On 
Changes and Amendments to the Legislative Acts of the 
Republic of Kazakhstan on th e Intellectual Property 
Rights". Amendments to the current Criminal and Administrative Codes of the 
Republic of Kazakhstan shall allow in troduction of additional remedies 
for the enforcement of the intellectua l property rights (Article 61 of the 
TRIPS Agreement). 
 
Administrative procedures applied to  the infringing parties objectively 
demonstrated that the adopted system of the monetary fines fails to act as 
an efficient deterrent and prevent infringing use of the intellectual 
property subject matter. 
 
Under these circumstances, the Republic  of Kazakhstan believes that by 
raising the rates of the monetary fi nes in the framework of the current 
Administrative Code it will ensure practical viability of the provisions of 
the Code and contribute to a greater e fficiency of the remedies applied in 
the case of the intellectual property rights infringement. 
 
Also, by adding a lower benchmark to the concept of the "heavy 
damages", the Republic of  Kazakhstan ensures that criminal procedures 
stipulated under the Article 184 of th e Criminal Code are applied in a 
greater percentage of cases and, in so doing, improves the efficiency and 
applicability of this measure. Draft Law  
1.2. Quarters I-II 
 Elimination of the double scale of duties for specific rights 
for the industrial prope rty subject matter  Under the provisions set forth in the TRIPS Agreement, every Member 
shall accord the national treatment and most-favoured-nation treatment. 
 
The acting duty rates for the industrial  property subject matter differ for 
the Kazakh citizens and citizens of other countries. Under these 
circumstances, the Republic of Kazakhstan needs to adopt a normative act 
to discontinue current practices.  Order of the Head of the 
Committee on the 
Intellectual Property Rights 
(hereafter – CIPR)  
1.3 Quarter III  
 1. Coordination with all inte rested public bodies of the 
draft Law of the Republic of Kazakhstan  "On Changes 
and Amendments to the Legislative Acts of the 
Republic of Kazakhstan on th e Intellectual Property 
Rights". 
2. Submission of the draft to the Government of the 
Republic of Kazakhstan and Majilis of the Parliament 
of the Republic of Kazakhstan.  The Draft Law 
1.4 Quarter IV 
 
 Development of the draft la w amending the Customs Code 
on the issues of expanding the functions of the Customs 
bodies to control the transit of the intellectual property 
ownership goods through the borders of the Republic of 
Kazakhstan  The acting Customs Code of the Republic of Kazakhstan meets, for the 
most part, the requirements set forth in the TRIPS Agreement. However, 
the IIPA of the United States require s that customs bodies be given  
additional powers with regard to the suspension and release of the 
products containing the intellectual pr operty subject matter where they 
have reasonable grounds to believe that  dealing with such products would 
entail the infringement of an the intellectual property right.  Answer to the IIPA 
delivered by the Ministry 
of Foreign Affairs of the 
Republic of Kazakhstan    WT/ACC/KAZ/48
 Page 3No. Timeframe 
(year, quarter) Component Justification in the framework of the provisions set forth in the WTO 
Agreement on Trade-Related Aspects of Intellectual Property Rights Output 
1.5 Quarter IV 
 Drafting of the Resolution "On Royalty for the Public 
Performance of the Literary Works and Works of Art, for 
Development of Decorative Designs and their Use in 
Industrial Production". 
 Drafting is guided by the same reas ons as the elimination of the double 
scale of duties for specific types of the industrial property subject matter. 
At present, minimum royalty rates differ for the Kazakh citizens and 
citizens of other countries. Under th ese circumstances, the Republic of 
Kazakhstan needs to adopt a norma tive act to discontinue current 
practices. Draft Resolution  
1.6 Quarter IV 
 Development of the Concept to the draft law on changes 
and amendments to the Law of the Republic of Kazakhstan 
"On Trademarks, Service Marks and Place of Origin of the 
Goods". 
 
Development of the draft law on amendments to the Law 
of the Republic of Kazakhsta n "On Trademarks, Service 
Marks, and Place of Origin of the Goods" Under the acting legislation of the Republic of Kazakhstan.  
 
Article 19 of the TRIPS foresees that  trademark registration can only be 
nullified if it is not used for a consequent three year period, while the 
acting Law "On trademarks, service marks, and place of origin of the 
goods" stipulates nullification of the registered mark if it is not used for a 
five year period  Submission of a draft law 
concept to the 
Intergovernmental 
Committee of the 
Government of the 
Republic of Kazakhstan on 
Legislation  
 
The draft law 
2.  Programs to Improve the Legal Practices  and Provide Advanced Training  for Officials Involved in the Protection of Intellect ual Property Rights 
 Measures to develop uniform legal practices applicable to 
infringements of intellectual property rights.  Elaboration of adequate instruments for the enforcement of intellectual 
property rights (Part III of the TRIPS Agreement).  
Quarter II  
 (a) Submission of proposals to the Supreme Court of the 
Republic of Kazakhstan on the adoption of the 
Resolution of the Supreme Court on cases related to 
infringements of intellectual property rights.    Proposals of the Ministry 
of Justice of the Republic 
of Kazakhstan  
Quarters 
 II-IV 
  (b) Development of methodologi cal guidelines to survey 
operations of economic agents using intellectual 
property subject matter.   Methodological guidelines  
Ongoing (c) Inspections jointly with enforcement bodies.     
Annually (d) Seminars, round table talks, conferences on the 
protection of intellectual property rights.   Seminars, round-table 
talks, conferences 2.1 
 
 
 
 
 
 
 
 
 
Annually (e) Production of pylons, billboards, calendars, and posters 
to advocate measures for the suppression of intellectual 
"piracy".  Pylons, billboards, 
calendars, posters 
2.2 Annually Operation of the Republican prog ram "Intellect". Suppression of "piracy" in  the field of intell ectual property and  
improvement of the legal awareness of the population in the Republic of 
Kazakhstan. Report to the Ministry of 
Industry and Trade  
2.3 Annually Advanced training of o fficials of territorial bodies of 
justice and enforcement bodies, judges and patent experts 
in the framework of WIPO funded programs.  Seminars, round-table talks 
2.4 Ongoing Enhancement of public awareness through mass media and 
periodic publications on the pr otection of intellectual 
property rights.  Publications, press-
conferences, public 
statements    WT/ACC/KAZ/48 
Page 4 No. Timeframe 
(year, quarter) Component Justification in the framework of the provisions set forth in the WTO 
Agreement on Trade-Related Aspects of Intellectual Property Rights Output 
3.  Cooperation with the Relevant International Organizations, Public Associations, and WTO Members   
3.1 Quarter II 
 Submission of the proposals to the Expert Council for the 
Cooperation of the Republic of Kazakhstan with 
international organizations on the accession of the 
Republic of Kazakhstan to the Agreement concerning the 
Protection of Plant Varieties, the Hague Agreement 
Concerning the International Deposit of Industrial Designs 
of 6 November 1925, and the Patent Law Treaty (PTL) of 
1 June 2000. Elaboration of adequate instruments for the enforcement of intellectual 
property rights (Part III of the TRIPS Agreement). 
 Proposals to the Ministry of 
Foreign Affairs of the 
Republic of Kazakhstan  
3.2 Quarter II 
 A seminar run jointly with the WIPO and the USAID on 
issues relating to the protecti on of intellectual property 
rights in Central Asia and in  the Republic of Kazakhstan. Improvement of the level of protection of intellectual property rights (Part 
III of the TRIPS Agreement). Report to the Ministry of 
Industry and Trade 
3.3 Quarter I-II 
 Organization of a seminar jointly with the UNECE on 
standing issues in the field of the protection of  intellectual 
property rights. Improvement of legal practices on intellectual property rights.  Report to the Ministry of 
Industry and Trade 
3.4 Until the end 
of the year  Negotiations with some WTO Members on the use of 
geographical indications with trademarks identifying wines 
and spirits for wines and spirits not originating in the place 
indicated by the geographical  indication in question. Under Section III of the TRIPS Agreement, each Member shall prevent 
use of a geographical indication id entifying beverages for beverages not 
originating in the place indicated by the geographical indication in 
question.  
 
To prevent illegal use of geographi cal indications, the Republic of 
Kazakhstan intends to open negotiations  with WTO Members to elaborate 
opportunities for the use of geogr aphical indications based on the 
principle of mutual advantage. Negotiations 
2005 
1.  Programs to Improve Legal Pr actices and Provide Advanced Training for Offici als Involved in the Protection of Intellectual Property Rights 
 Measures to develop uniform legal practices applicable to 
infringements of intellect ual property rights. Elaboration of adequate instruments for the enforcement of intellectual 
property rights (Part III of the TRIPS Agreement).  
Ongoing (a) Inspections jointly with enforcement bodies.     
Annually (b) Seminars, round table talks, conferences on the 
protection of intellectual property rights.   Seminars, round-table 
talks,  conferences  1.1 
Annually (c) Production of pylons, billboards, calendars, and posters 
to advocate measures for the suppression of intellectual 
"piracy".  Pylons, billboards, 
calendars, posters 
1.2 Annually  Operation of the Republican pr ogram "Intellect" Suppression of "piracy" in  the field of intell ectual property and  
improvement of the legal awareness of the population in the Republic of 
Kazakhstan. Report to the Ministry of 
Industry and Trade 
1.3 Annually Advanced training of o fficials of territorial bodies of 
justice and enforcement bodies, judges and patent experts 
in the framework of WIPO funded programs.  Seminars, round-table talks 
1.4 Ongoing Enhancement of public awareness through mass media and 
periodic publications on the pr otection of intellectual 
property rights.  Publications, press-
conferences, public 
statements   
1.5 In the course 
of the year Publication of a specialized magazine "Intellectual 
Property in Kazakhstan".  Publication of the magazine    WT/ACC/KAZ/48
 Page 5No. Timeframe 
(year, quarter) Component Justification in the framework of the provisions set forth in the WTO 
Agreement on Trade-Related Aspects of Intellectual Property Rights Output 
2.  Cooperation with the Relevant International Organizations, Public Associations, and WTO Members   
2.1 In the course 
of the year  Negotiations with some WTO Members on the use of 
geographical indications with trademarks identifying wines 
and spirits for wines and spirits not originating in the place 
indicated by the geographical  indication in question. Under Section III of the TRIPS Agreement, each Member shall prevent 
use of a geographical indication id entifying beverages for beverages not 
originating in the place indicated by the geographical indication in 
question.  
 
To prevent illegal use of geographi cal indications, the Republic of 
Kazakhstan intends to open negotiations  with WTO Members to elaborate 
opportunities for the use of geogr aphical indications based on the 
principle of mutual advantage.  Negotiations 
2.2 Quarters I-II  Work on organizing a joint seminar for the Customs bodies 
with the international organizations on the issues of 
banning the imports of the count erfeit intellectual property 
rights products To improve the enforcement of the intellectual pr operty rights application Report to the Ministry of 
Industry and Trade 
2006 
1.  Improvement of the national  legislation on  the protection of intellectual property rights 
1.1 Quarter I-II 
 Drafting of the Law "On Software and Program 
Complexes" Adequate protection of computer pr ograms in pursuance of the provisions 
set forth in the  TRIPS Agreement (Article 10). Draft Law 
1.2 Quarters 
 III-IV  1. Coordination of the draft Law with all interested public 
bodies.  
2. Submission of the draft to the Government of the 
Republic of Kazakhstan and Majilis of the Parliament 
of the Republic of Kazakhstan.      Draft Law 
2.  Programs to Improve the Legal Practices  and Provide Advanced Training  for Officials Involved in the Protection of Intellect ual Property Rights 
 Measures to develop uniform legal practices applicable to 
infringements of intellectual property rights.  Elaboration of adequate instruments for the enforcement of intellectual 
property rights (Part III of the TRIPS Agreement).  
Ongoing (a) Inspections jointly with enforcement bodies.     
Annually (b) Seminars, round table talks, conferences on the 
protection of intellectual property rights.   Seminars, round-table 
talks, conferences  2.1 
Annually (c) Production of pylons, billboards, calendars, and posters 
to advocate measures for the suppression of intellectual 
"piracy".  Pylons, billboards, 
calendars, posters  
2.2 Annually Operation of the Republican prog ram "Intellect". Suppression of "piracy" in  the field of intell ectual property and  
improvement of the legal awareness of the population in the Republic of 
Kazakhstan.  Report to the Ministry of 
Industry and Trade 
2.3 Annually Advanced training of o fficials of territorial bodies of 
justice and enforcement bodies, judges and patent experts 
in the framework of WIPO funded programs.  Seminars, round-table talks  
2.4 Ongoing Enhancement of public awareness through mass media and 
periodic publications on the pr otection of intellectual 
property rights.  Publications, press-
conferences, public 
statements   
2.5 In the course 
of the year Organize publishing of the spec ial magazine "Intellectual 
property in Kazakhstan"  Publishing of the magazine   WT/ACC/KAZ/48 
Page 6 No. Timeframe 
(year, quarter) Component Justification in the framework of the provisions set forth in the WTO 
Agreement on Trade-Related Aspects of Intellectual Property Rights Output 
3. Cooperation with the Relevant International Organizations, P ublic Associations, and WTO Members   
3.1 In the course 
of the year Negotiations with some WTO Members on the use of 
geographical indications with trademarks identifying wines 
and spirits for wines and spirits not originating in the place 
indicated by the geographical  indication in question. Under Section III of the TRIPS Agreement, each Member shall prevent 
use of a geographical indication id entifying beverages for beverages not 
originating in the place indicated by the geographical indication in 
question.  
To prevent illegal use of geographi cal indications, the Republic of 
Kazakhstan intends to open negotiations  with WTO Members to elaborate 
opportunities for the use of geogr aphical indications based on the 
principle of mutual advantage.  Negotiations 
 
 
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