RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/KAZ/55 
7 September 2004 
 (04-3731) 
Working Party on the 
Accession of Kazakhstan Original:   English 
 
 
 
ACCESSION OF KAZAKHSTAN 
 
Information on Implementation of the Action Plan of the  
Republic of Kazakhstan for the Harmoni zation of the National Legislation  
on the Intellectual Property Rights with the WTO Agreement on  
Trade-Related Aspects of Intellectual Property Rights for 2004-2006  
  
 The following submission, dated 2 September 2004,  is being circulated at the request of the 
Delegation of the Republic of Kazakhstan. 
  
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 WT/ACC/KAZ/55 
Page 2 The Laws of the Republic of Kazakhstan "On Accession of the Re public of Kazakhstan to the World Intellectual Property Organizat ion Copyright Treaty" 
No. 547 and "On accession of the Republic of  Kazakhstan to the World Intellectual Pr operty Organizations Performances and Phono grams Treaty" No. 546, 
providing protection of the rights of authors, performers, and manufacturers of phonograms in digital format, were adopted on 1 6 April 2004.   
 On 9 July 2004 Kazakhstan also adopted the Law "On Amendments a nd Addenda to Certain Legal Acts of the Republic of Kazakhstan R egarding Intellectual 
Property", which provides for changes and addenda to a number of laws, including the Law "On Copyright and Related Rights", reg arding, first of all, 
introduction of retrospective protection of copyright for literary  works (conformity with the Article 18 of the Berne Conventio n for the Protection of Literary and 
Artistic Works). 
 
No. Timeframe 
(year, quarter) Component Implementation 
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 Legisla tive Acts of the Republic of 
Kazakhstan on the Intellec tual Property Rights". With the view to adopt additional measures on e ffective protection of the intellectual property, 
Kazakhstan has developed a Draft Law "On Amendm ents and addenda to the Certain Legal Acts 
of Kazakhstan on Intellectual Property Rights Is sues", which provides for making amendments 
and addenda to the Criminal and Administrativ e Codes of Kazakhstan provisioning increasing 
responsibility for violation of the intellectual pr operty rights, by increasing the penalty suctions 
(to better comply with the Article 61 of the WTO TRIPS Agreement)    
1.3 Quarter III  
 1.  Coordination of the draft Law of the Republic of Kazakhstan 
"On Changes and Amendments to the Legislative Acts of the 
Republic of Kazakhstan on the Intellectual Property Rights" 
with all interest ed public bodies. 
 
2.  Submission of the draft Law to the Government of the 
Republic of Kazakhstan and Majilis of the Parliament of the 
Republic of Kazakhstan.  The developed draft Law of the Republic of K azakhstan "On amendments and addenda to several 
legal acts of the Republic of Kazakhstan on the intellectual property rights issues", has been 
submitted to the Government in August 2004. 
1.2. Quarters I-II 
 Elimination of different duty rates for specific rights for the 
industrial property subject matter  In regards of the industrial property, a new Pr ice List for Monopoly Services of "the National 
Intellectual Property Institute at the Intellectual Property Rights Committee of the Ministry of 
Justice of the Republic of Kazakhstan" was adopted on 27 May 2004 by the Order of the 
Committee Chairman and approved by the Ag ency on Natural Monopolies Regulation and 
Competition Protection. 
 
This Price List eliminates the differences in th e existing duties for local and foreign applicants 
regarding the industrial property rights, which ensu res the conformity with the Article 2 of the 
Paris Convention for the Protection of the Indu strial Property, Article 3 of the WTO TRIPS 
Agreement and Article 2 of the General Agreement on Trade in Services. 
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 standard legal practices applicable to 
infringements of intellectual property rights.   2.1 
 
 
 
 
 Quarter II  
 Submission of the proposals to th e Supreme Court of the Republic 
of Kazakhstan on the adoption of the Resolution of the Supreme 
Court on cases related to infringe ments of intellectual property 
rights.   At present the Supreme Court of RK is review ing the proposals for development of a draft 
resolution on the procedure of the intellectual pr operty rights violation -related investigations, 
developed by the authorized body on the issu es of the intellectual property rights.   
  WT/ACC/KAZ/55
 Page 3No. Timeframe 
(year, quarter) Component Implementation 
Quarters 
 II-IV 
  Development of the methodological guidelines to survey 
operations of the economic agents  using intellectual property 
subject matter.  With a view of developing suggestions on conduc ting checks on activities of the subjects using 
the intellectual property by the territorial judici al authorities of the Republic of Kazakhstan, the 
authorized state body on the  issues of intellec tual property rights protection has developed certain 
methodical recommendations. The give n instructions are foreseen to  provide transparency and 
efficiency of measures on fight  against counterfeit production. 
Ongoing Joint Inspections with the enforcem ent bodies.   Within the framework of th e actions on strengthening the enforcement p ractice by judicial 
authorities of Kazakhstan together with the law enforcement agencies and in order to insure 
compliance with the law in the area of intellectua l property, the checks of the physical and legal 
persons using the objects of the intellectual property  are being carried out on a constant basis.  
Thus, in the first half of the year 2004, 970 checks of physical and legal persons using the 
intellectual property were carried out, that as a whole equals to the total number of checks for the 
similar periods of the last three years together . Based on the results of such checks 142.1 thousand 
copies of counterfeit products equalling to the amount of 42.8 million te nge were confiscated. 
Joint work of the Kazakh state bodies, public asso ciations of owners of the intellectual property 
rights in fight against counterfeit production provi des efficiency increase  of the methods to 
decrease the level of "piracy" in the sphere of intellectual property.   
 
 
Annually Seminars, round table discussion s, conferences on the protection of 
the intellectual property rights.  With the purpose to inform the public on maintena nce of the intellectual property rights since the 
beginning of this year and within the framework of  the republican project "Intellect," there were a 
number of regional seminars and round tables on pr oblems in the sphere of the industrial property 
rights proportion carried out.   
The republican seminar "The Role of the Intellec tual Property in Implementation of Kazakhstan's 
Industrial-Innovative Development Strategy", held  in April 2004 in Shimkent city and the round 
table "Problematic issues of the intellectual property rights protect ion" also held in April 2004 at 
the Ministry of Justice, are of special importance. 
2.2 Annually Implementation of the Republican project "Intellect". To draw public's at tention to the importance of intellectual  property, and to educate the 
population, the second phase of "Intellect" projec t was conducted in March- April 2004.  The next 
phase of this project will be  held in September-October 2004. 
2.3 Annually Advanced training of the officials of the regional justice and 
enforcement agencies, judges and the patent experts in the 
framework of the WIPO funded programs. With a view to improve the professional skills of the personnel engaged in the issues of the 
intellectual property rights protection, in March, 2004 the regional seminar on intellectual 
property rights protection issues has been carri ed out in the Southern - Kazakhstan region. 
2.4 Ongoing Enhancement of public awareness through mass media and 
periodic publications on the prot ection of intelle ctual property 
rights. The mass media regularly publishe s materials on the intellectua l property rights protection and 
clarifies it to the public. 
 
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 the international 
organizations on the accession of  the Republic of Kazakhstan to 
the Agreement concerning the Protection of the Plant Varieties, the 
Hague Agreement Concerning the International Deposit of 
Industrial Designs of 6 November 1952, and the Patent Law Treaty 
(PTL) of 1 June 2000. At present Kazakhstan is consid ering ratification of the Conven tion for the Protection of New 
Varieties of Plants, Hague Agreement (6 Sept ember 1952) Concerning the International Deposit 
of Industrial designs, and the Patent La ws Treaty (PLT) as of 1 June 2000. 
 
3.2 Quarter II 
 A seminar, run jointly with the WIPO and the USAID, on issues 
relating to the protection of the intellectual property rights in the 
Central Asia and in the Republic of Kazakhstan. In May 2004, Kazakhstan held the International Workshop "Intellectual property Rights 
Protection Problems in the Central Asia and Kazakhstan. Issues of Accession to the WTO" in 
collaboration with the WIPO and the USAID/"Pragma" Corporation.  
 WT/ACC/KAZ/55 
Page 4 No. Timeframe 
(year, quarter) Component Implementation 
3.3 Quarter I-II 
 Organization of a seminar jointl y with the UNECE on standing 
issues in the field of the protecti on of intellectual property rights. At present Kazakhstan agreed with the UNECE to hold a workshop on problems related to the 
intellectual property rights protection in September 2003. 
 
 
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