IP/N/6/KAZ/1  
 
6 June 2017 
(17-2977) Page: 1/13 
Council for Trade -Related Aspects  
of Intellectual Property Rights  Original: English  
 
CHECKLIST OF ISSUES ON ENFORCEMENT1 
RESPONSES FROM KAZAKHSTAN  
Civil and Administrative Procedures and Remedies  
 (a) Civil judicial procedures and remedies  
 
1.  Specify the courts which have jurisdiction over IPR infringement cases.  
 
According to the legisl ation in force, civil and administrative courts have jurisdiction over IPR 
infringement cases. In addition, IPR infringement cases may be reviewed in an arbitration court.  
 
2.  Which persons have standing to assert IPRs? How may they be represented? Are 
there requirements for mandatory personal appearances before the court by the right 
holder?  
 
The IPR right holder , its authorized representative, governmental authorities within their 
competence, as well as non -governmental organizations that carry out act ivities in this field have 
standing to assert IPRs.  
 
According to the Civil Procedure Code of the Republic of Kazakhstan  (Article 57), citizens have the 
right to process their cases in court in person or via their representatives. Personal participation 
does not deprive the right holder of the right to have a representative in this case.  
 
Cases initiated by juridical persons are processed by their heads, acting within their competences 
provided by the law, other regulations or founding documents, and (or) b y their representatives. 
Heads of juridical persons shall submit to the court the documents proving their official position or 
authority.  
 
Any competent person who has a duly executed authority to process the case in the court, based 
on the power of attorn ey, laws of the Republic of Kazakhstan, court decision or administrative act 
may serve as a representative in the court.  
 
According to the current legislation, personal presence of the right holder in the court is not 
mandatory in the event of presence of his/her/its representative.  
 
3.  What authority do the judicial authorities have to order, at the request of an 
opposing party, a party to a proceeding to produce evidence which lies within its 
control?  
 
According to Article 69 of the Civil Procedure Code  of the Republic of Kazakhstan , the persons, 
participating in the case and having a reason to doubt that submission of evidence necessary for 
them will subsequently become impossible or difficult, can request the court to secure this 
evidence.  
 
                                                
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  Securing ev idence shall be provided by the court by questioning of witnesses, appointing and 
performing expertise, examining evidence in places where they are stored, sending letters of 
request and in other ways.  
 
According to Article 70 of the Civil Procedure Code o f the Republic of Kazakhstan , application for 
securing of the evidence is brought to the court where the case is being reviewed.  
 
The application requesting securing evidence should indicate evidence to be secured, 
circumstances of the case for confirmatio n or refutation of which the evidence is required and 
reasons proving that the submission of the necessary evidence is difficult. The application should 
indicate the case for which the requested evidence is necessary to secure and the provision of 
which wa s refused.  
 
Upon the results of consideration of the application on securing evidence, the court issues a ruling 
according to which it performs procedural actions to secure evidence or refuses to do so. The 
ruling can be appealed to the court of appeal, wh ose decision is final and cannot be challenged.  
 
According to Article 770 of the Administrative Offences Code of the Republic of Kazakhstan , the 
parties that have a reason to doubt that provision of necessary evidences will be impossible or 
difficult, may ask a judge or state body (official) reviewing the case on administrative offences, to 
secure these evidences.  
 
Securing of evidences is carried out by requesting organizations to provide documents, 
information, opinions, expertise and on -site inspection a s well as by other means regardless of 
their participation in the case.  
 
According to Article 771 of the Administrative Offences Code of the Republic of Kazakhstan , the 
application for securing evidence must specify: evidence which is necessary to 
provide;  circumstances to be confirmed by this evidence;  reasons to apply for securing evidence 
and the case which require this evidence.  
 
Application shall be submitted in writing or in the form of electronic document certified by 
electronic digital signature, t o the court or to the body (official), reviewing the case of an 
administrative offen ce.  
 
4.  What means exist to identify and protect confidential information brought forward 
as evidence?  
 
According to paragraph 1 Article 19 of the Civil Procedure Code of  the Republic of Kazakhstan,  
legal proceedings of civil cases in all courts are open.  Judicial acts are announced in public.  
 
At the same time, pursuant to  paragraph 2 of this Article, examination and resolution of the cases, 
including announcement of deci sions that contain state secrets, are held in a closed court session.  
 
At the request of a person participating in the case, it can be considered and resolved in a closed 
court session if it is necessary to ensure secrecy of adoption, privacy, preservation  of personal, 
family, commercial or other secret information protected by law or there are other circumstances 
that impede open proceedings.  
 
According to Article 16 of the Code of the Administrative Offences of the Republic of Kazakhstan, 
privacy as well as personal, family, commercial and other secret information is protected by law.  
Everyone has the right to secrecy of personal deposits and savings, correspondence, telephone 
conversations, postal, telegraphic and other communications.  Limitations of thes e rights in the 
course of administrative proceedings are allowed only in cases and manner expressly established 
by law.  
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  5.  Describe the remedies that may be ordered by the judicial authorities and criteria, 
legislative or jurisprudential, for their use:  
 
- injunctions;  
 
-  damages, including recovery of profits, and expenses, including attorney's 
fees;  
 
-  destruction or other disposal of infringing goods and materials/implements 
for their  production;  
 
- any other remedies.  
 
According to Article 970 of th e Civil Code of the Republic of Kazakhstan, protection of exclusive 
intellectual property rights is carried out by the means provided in  Article 9:  
 
recognition of rights;  restoration of situation that existed before infringement of right;  
suppression of actions that infringe the right or create a threat of infringement thereof;  
judgment for specific performance of an obligation;  recovery of damages;  recognition of a 
transaction as invalid;  compensation for moral damage;  termination or modification of lega l 
relations;  recognition of an act of a government body as invalid;  collection of fine from a 
state body or official preventing a citizen or legal entity from acquiring or exercising the 
right, as well as by other means provided in legislative acts.  
 
Prote ction of exclusive rights may also be carried out by:  
 
1)  seizure of material objects, use of which infringe exclusive rights as well as material 
objects created as a result of such infringement;  
 
2)  publication about infringement, including information about right holders ; 
 
3)  other means provided by legislative  acts. 
 
Damages mean expenses that were made or had to be made by the person whose right was 
violated , loss or injury of his/her property (actual damage) and profit that this person could 
receive if his right was not violated (lost profit).   
 
Moreover, in accordance with Article  111 of the Civil Procedure Cod e of the Republic of 
Kazakhstan, the court can order the infringer to compensate attorney's fees born by the winning 
party; however, the amount cannot exceed 10% of the amount of the claim.  
 
According to Article 1032 of the Civil Code of the Republic of K azakhstan, any person unlawfully 
using trademark shall be obliged to destroy goods and packaging bearing illegal trademark or 
confusingly similar designation, except original goods with trademark applied by the right holder 
himself/herself.  
 
Similar liabi lity is provided in Article 1037 of the Civil Code of the Republic of Kazakhstan in 
respect of appellation of origin.  
 
6.  In what circumstances, if any, do judicial authorities have the authority to order 
the infringer to inform the right holder of the id entity of third persons involved in the 
production and distribution of the goods or services found to be infringing and of their 
channels of distribution?  
 
Provisions with regard to authorities specified in question are not directly stipulated in legislati on 
of the Republic of Kazakhstan. However,  according to Article 73 of the Civil Procedure Code of the 
Republic of Kazakhstan,  in cases when provision of evidence by the parties and other persons 
involved in the case is difficult, the court assists them in requesting of evidence.  
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  7.  Describe provisions relating to the indemnification of defendants wrongfully 
enjoined. To what extent are public authorities and/or officials liable in such a situation 
and what "remedial measures" are applicable to them?  
 
According to Article 22 of the Civil Procedure Code of the Republic of Kazakhstan,  court decisions 
may be appealed by persons participating in the case, as well as persons with regard to rights and 
obligations of which these judicial acts were issued.  
 
Pursuan t to Article 227 of the Civil Procedure Code of the Republic of Kazakhstan, after recognition 
of application on unlawful actions (inactions) and decisions of state bodies as substantiated, local 
government bodies, public associations, organizations, offici als and civil servants, the  court issues 
a decision to satisfy the application.  The court decision specifies the laws violated by these actions 
(inactions) and decisions, and the period during which the court decision must be enforced.  
 
The court obliges s tate body, local government body, public association, organization, official and 
civil servant eliminate admitted violation and restore the rights, freedoms and legitimate interests 
of citizen or legal entity, terminate penalties applied to the person or o therwise restore violated 
rights, freedoms and legitimate interests to the fullest extent.  
 
The court shall refuse to satisfy the application if during consideration it finds out that the disputed 
action (inaction) or decision is taken in accordance with l egislation of the Republic of Kazakhstan.  
 
According to Article 228 of the Civil Procedure Code of the Republic of Kazakhstan,  after 
recognition of application on invalidation of the normative legal act as substantiated, the court 
issues a decision to sati sfy the application.  The court decision specifies the law and provisions that 
were violated and invalidate the legal act in full or in part from the moment of its adoption.  
 
The court decision on invalidating of a legal act or information about this decisi on must be 
published in mass media at the expense of authority which issued this legal act.  Publication must 
be carried out not later than ten days from the date of entry of the court decision into force.  
 
8.  Describe provisions governing the length and c ost of proceedings. Provide any 
available data  on the actual duration of proceedings and their cost.  
 
According to Article 183 of the Civil Procedure Code of the Republic of Kazakhstan, the period for 
review of civil case by a first -instance court should c orrespond to its actual complexity and to the 
interests of the persons participating in the case.  
 
Civil cases shall be reviewed and resolved by the court within the period of up to two months from 
the date of completion of the preparatory work of the cas e for the court trial.  
 
According to Article 817 of the Administrative Offences Code of the Republic of Kazakhstan, the 
cases on administrative offences shall be reviewed within fifteen days from the date of receipt of a 
protocol on administrative offence and other case materials by judge, body (civil servant) legally 
competent to consider a case.  
 
In case of receipt of request from participants of the proceeding on administrative offence or 
necessity of additional clarification of the circumstances of the case the duration of review of the 
case may be extended by judge or body (official) reviewing the case but not more than for one 
month. A reasoned ruling shall be issued explaining extension of the duration.  
 
Pursuant to Article 108 of the Civil Procedure Code of the Republic of Kazakhstan, the following 
expenses are incidental to proceedings: amounts payable to witnesses, experts and specialists; 
expenses related to production of on -sight inspection ; expenses related t o storage of material 
evidence; expens es for search o f a defendant and (or) a child; expenses for publication of 
announcements and notifications related to  the case; expenses for notification and summons to 
the court of parties and other participants of  the case; travel expenses of the parties  and third 
parties and rent of housing, incurred in connectio n with attendance in the court; expenses for 
representatives ' assistance; other expenses recognized as subject to reimbursement by the court, 
including those incurred by the parties in the proced ures for compulsory pre -trial settlement of the 
dispute at subsequent court proceedings.  
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  Pursuant to Article 109 of the Civil Procedure Code of the Republic of Kazakhstan, the Party, in 
favour  of which the decision was made, is awarded by the court with a ll the legal expenses 
incurred in the case by the other party. If the claim is satisfied partially, the expenses are awarded 
to the plaintiff in proportion to the size of the claims satisfied by the court, and to the defendant - 
in proportion to that part of the claim in which the claimant was refused.  
 
According to Article 764 of the Administrative Offences Code of the Republic of Kazakhstan, the 
costs related to the proceedings include reimbursement of expenses to the injured party, witness, 
expert, speci alist, interpreter or attesting witness.  
 
Injured party, witness, expert, specialist, interpreter and attesting witness are compensated for 
expenses incurred by them due to appearance in court, body (civil servant) the proceeding of 
which includes the case  on administrative offence in the manner established by the civil procedure  
legislation , including the cost of traveling  of the mentioned persons from the place of residence or 
stay to the place of proceeding and return, and in cases when it is associated with staying at the 
other place – the cost of rent of a residential premise, as well as per diem.  
 
The average salary of  the person called upon to the court as injured party, witness, expert, 
specialist, interpreter and attesting witness shall be preserved for the time period of their absence 
due to appearance in court, body (civil servant) reviewing the administrative proc eeding.  
 
Work of an expert, specialist and interpreter shall be paid in the manner established by the 
legislation . 
 
(b)  Administrative procedures and remedies  
 
9.  Reply to the above questi ons in relation to any administrative procedures on the 
merits and  remedies that may result from these procedures.  
 
See the answers for each civil judicial procedures and remedies  above.  
 
Provisional Measures  
(a)  Judicial measures  
 
10.  Describe the types  of provisional measures that judicial authorities may order, and 
the legal basis for such authority.  
 
Pursuant to Article 155 of Chapter 15 of the Civil Procedure Code of the Republic of Kazakhstan, 
upon application of persons participating in the case of  arbitration or court proceedings, the court 
may take measures to secure the claim, if the failure to take such measures may make the court 
decision difficult or impossible to fulfil. According to Article 156, the measures to secure the claim 
can be the fo llowing: (i) seize the defendant's property; (ii)  prohibit the defendant from taking 
certain actions; (iii)  prohibit other persons from transferring property or performing certain actions 
in respect to the defendant; (iv) suspend the sale of property in ca ses where a claim was filed to 
cancel the seizure of property; (v) suspend a contested legal act issued by a State body, 
organization or an official; (vi)  suspend a penalty imposed by an executive document contested by 
the debtor in court; (vii) suspend te nders for enforcement of the pledge out of court; 
(viii) suspend contested acts and actions of the executor related to the foreclosure of property 
performed in enforcement proceedings. If necessary, the court may take other measures to secure 
a claim that meet the purposes specified in part one of Article 155  of present Code. The court may 
take several measures to secure the claim. In case of violation of the prohibitions specified in this 
article, the offender shall bear responsibility established by laws. In addition, the plaintiff has the 
right to demand the compensation of losses caused by failure to fulfil the ruling on securing the 
claim.  
 
11.  In what circumstances may such measures b e ordered inaudita altera parte ? 
 
Pursuant to Article 157 of the Civil Procedure Code of the Republic of Kazakhstan, the application 
for securing the claim shall be reviewed and resolved by judge on the day of issuing the ruling on 
initiation of a civil ca se if it was attached to the statement of claim or indicated in the statement of IP/N/6/KAZ/1  
 
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  claim. In other cases, the application for securing the claim shall be resolved by the judge on the 
day of its submission to the court.  
 
The application for securing the claim  shall be reviewed and resolved by the judge without 
notifying the participants of the case or the parties to the arbitration and without holding a court 
session.  
 
Based on results of examination of the application, the judge issues a ruling on securing th e claim, 
indicating the provisional measure provided for in Article 156  of the Code, or on refusing to satisfy 
the application.  
 
12.  Describe the main procedures for the initiation, order ing and maintenance in force 
of provisional measures, in particular relevant time -limits and safeguards to protect the 
legitimate interests of the defendant.  
 
Pursuant to Article 158 of the Civil Procedure Code of the Republic of Kazakhstan, the ruling on 
securing the claim shall be sent by the court or handed to the person who applied for provisional 
measures in order to be presented to the relevant persons for its immediate execution.  
 
Articles 159 and 160 provide for possibility of replacing or cancellin g the measure on securing a 
claim that can be carried out by court at the request of the participant of the case or parties to the 
arbitration.  
 
In accordance with Article 161, it is also allowed to appeal or protest the rulings on matters of 
securing the claim in the court of appeal, the decision of which is final.  
 
With the purpose of protecting the defendant's legitimate interests, the court, by allowing secure 
of claim according to Article 162, may require the plaintiff to provide collateral for the de fendant's 
losses. Provision of collateral for possible losses shall be carried out by depositing an amount 
specified in the court's ruling to the authorized body.  
 
After entry into legal force of the decision the claim for which is refused, defendant has t he right to 
bring a claim for compensation of losses caused by provisional measures.  
 
13. Describe provisions governing the length and cost of proceedings. Provide any 
available data on the actual duration of proceedings and their cost.  
 
According to Artic le 157 of the Civil Procedure Code of the Republic of Kazakhstan, the application 
for securing the claim shall be reviewed and resolved by the judge on the day of issuing the ruling 
on initiation of a civil case if it was attached to the statement of claim  or indicated in the statement 
of claim. In other cases, the application for securing the claim shall be resolved by the judge on 
the day of its submission to the court.  
 
(b)  Administrative measures  
 
14.  Reply to the above questions in relation to any ad ministrative provisional 
measures.  
 
As it was mentioned in reply to question 3 above, according to Article 770 of the Administrative 
Offences Code of the Republic of Kazakhstan, the parties that have a reason to doubt that 
provision of necessary evidences will be impossible or difficult, may ask a judge or state body 
(official) reviewing the case on administrative offences, to secure these evidences.  
 
Securing of evidences is carried out by requesting organizations to provide documents, 
information, opinion s, expertise and on -site inspection as well as by other means regardless of 
their participation in the case.  
 
According to Article 771 of the Administrative Offences Code of the Republic of Kazakhstan, the 
application for securing evidence must specify: ev idence which is necessary to 
provide;  circumstances to be confirmed by this evidence;  reasons to apply for securing evidence 
and the case which require this evidence.  
 IP/N/6/KAZ/1  
 
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  Application shall be submitted in writing or in the form of electronic document certifi ed by 
electronic digital signature, to the court or to the body (official), reviewing the case of an 
administrative offenc e.  
 
 
Special Requirements Related to Border Measures  
15.  Indicate for which goods it is possible to apply for the suspension by the customs 
authorities of the release into free circulation, in particular whether these procedures 
are available also in respect of goods which involve infringements of intellectual 
property rights other than counterfeit trademark or pirated copyright goods as defined 
in the TRIPS Agreement (footnote to Article 51). Specify, together with relevant criteria, 
any imports excluded from the application of such procedures (such as goods from 
another member of a customs union, goods in transit or de minimis imports ). Do the 
procedures apply to imports of goods put on the market in another country by or with 
the consent of the right holder and to goods destined for exportation?  
 
According to Chapter 53 of the Code of the Republic of Kazakhstan "On Customs Affairs", 
measures on suspension of customs release are allowed with respect to goods, violating the rights 
of trademarks, copyrights and related rights, as well as service marks and appellations of origin of 
goods.  
 
Measures on protection of the rights in respect o f objects of intellectual property are not applied by 
the customs bodies in respect of goods moved across the customs border of the Customs Union:  
 
1)  by physical persons for personal use, including those sent to their residential 
addresses by internation al mail;  
 
2)  in accordance with the customs procedure of customs transit;  
 
3)  for official or personal use by diplomatic missions, consular offices, or other official 
representatives of foreign governments, international organizations, and staff of these  
offices, institutions and organizations.  
 
As the same time, these measures apply to imports of goods placed on the market in another 
country by or with the consent of the right holder and to goods destined for exportation.  
 
16.  Provide a description of t he main elements of the procedures relating to the 
suspension of the release of goods by customs authorities, in particular the competent 
authorities (Article 51), the requirements for an application (Article 52) and various 
requirements related to the dur ation of suspension (Article 55). How have Articles 53 
(security or equivalent assurance), 56 (indemnification of the importer and of the owner 
of the goods) and 57 (right of inspection and information) been implemented?  
 
Suspension of release of goods by customs authorities (Article 51)  
 
Pursuant to Article 436 of the Customs Code of the Republic of Kazakhstan, the customs bodies 
take measures to protect the rights in respect of objects of intellectual property, included in the 
customs registry  of intellectual property, and objects of intellectual property included in the unified 
customs registry  of intellectual property of t he Member -states of the Customs Union, and those 
which are not included in these customs registers.  
 
According to Article 439 of the Customs Code of the Republic of Kazakhstan, the inclusion of 
objects of copyrights and related rights, trademarks, service marks and appellations of origin of 
goods (hereinafter - the intellectual property objects) into the customs registry  of intellectual 
property is carried out by the authorized body in custo ms affairs at the request of the right holder.  
 
The right holder or other person representing the interests of right holder, who has sufficient 
justification to believe that movement of the goods across the customs border of the Customs 
Union may violate their rights to the intellectual property, is entitled to submit an application using 
the form approved  by the authorized body in customs affairs requesting the protection of their 
intellec tual property rights to the authorized body in customs affairs.  IP/N/6/KAZ/1  
 
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Requirements for filing of application (Article 52)  
 
According to paragraph 3 Article 439 of the Customs Code of the Republic of Kazakhstan, the 
application shall contain the following inform ation:  
 
1)  application to protect their intellectual property rights;  
 
2)  information about the applicant;  
 
3)  information, inter alia in electronic form, in respect of the relevant objects of 
intellectual property, the period during which the right hol der requires the assistance 
of the customs bodies to protect his or her rights, and description of goods containing 
the objects of intellectual property, with indications of the product HS code on six digit 
level in accordance with the unified Commodity Nomenclature  for Foreign Economic 
Activity of the Customs Union, and detailed information about the goods from the 
right holder which enable the customs bodies to identify goods violating inte llectual 
property rights;  
 
4)  obligation of the applicant on compensation of damages to the declarant and other 
persons, as well as the costs of customs bodies which may arise in connection with 
suspension of release of the goods containing objects of int ellectual property, 
suspected to be the goods violating intellectual property rights - in cases, where these 
goods are proven as not violating intellectual property rights;  
 
5)  application shall be accompanied by documents (originals or notarized copies t hereof) 
confirming the existence and ownership of the intellectual property right (certificate, 
license agreement, extract from the state register of trademarks of the Republic of 
Kazakhstan, certificate on the legal status of the trademark for internation al 
registration), power of attorney issued by the right holder  to the person representing 
his/her interests and the insurance contract on liability of the applicant for causing 
harm to other persons.  
 
A description of distinguishing features of the goods v iolating intellectual property rights shall be 
submitted along with the application.  
 
If possible, samples of the goods containing the objects of intellectual property and goods violating 
intellectual property rights, including their electronic images, are  also can be submitted.  
 
Pledge or equivalent guarantee (Article 53)  
 
According to paragraph 4 Article 439 of the Customs Code of the Republic of Kazakhstan, the 
application shall be accompanied with a range of documents including insurance contract 
protec ting against civil liability of the applicant in cases of injury caused to third persons.  
 
The insured amount should not be less than 1,000 times the monthly calculation index established 
for the appropriate financial year by the law on the national budget . 
 
Requirements related to the duration of suspension (Article 55)  
 
According to Article 440 of the Customs Code of the Republic of Kazakhstan, if, in the course of 
carrying out of customs operations involving the goods containing the objects of intellectu al 
property included in the customs registry of intellectual property, and the unified customs registry 
of intellectual property of the member -states of the Customs Union, the customs bodies detect the 
evidence of violation of intellectual property rights then the release of such goods shall be 
suspended for a period of ten business days.  
 
This period may be extended by the customs body upon request of the right holder or a person 
representing his or her interests but not more than for ten business days.  
 
The decision on suspension of release of goods and extension of suspension of release of goods 
shall be made in writing by the head of the customs body or his (her) authorized representative.  IP/N/6/KAZ/1  
 
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Compensation for damage to the importer and the owner of the go ods (Article 56)  
 
According to Article 442, the right holder is liable for property damage caused as a result of 
suspension of goods to the declarant, owner and consignee of the goods containing the objects of 
intellectual property if there is no violation  found with respect to the rights of the right holder.  
 
Right for inspections and information (Article 57)  
 
According to paragraph 2 of Article 440 of the Customs Code of the Republic of Kazakhstan, the 
customs body, not later than one business day follow ing the day of the decision on suspension of 
goods containing the objects of intellectual property, shall notify the declarant, right holder or their 
representatives of such suspension as well as the reasons and the period of the suspension. The 
customs bo dy also informs the declarant of the last name, name, patronymic (if available) and the 
location (address) of the right holder and (or) a person, representing his or her interests, as well 
as informs the right holder and (or) a person, representing his or her interests of the name, last 
name, first name, patronymic (if available) and place of location (address) of the declarant.  
 
17.  Describe provisions governing the length and cost of proceedings. Provide any 
available data  on the actual duration of proce edings and their cost. How long is the 
validity of decisions  by the competent authorities for the suspension of the release of 
goods into free circulation?  
 
Inclusion of objects of intellectual property into the customs register , and in the unified customs 
register  of intellectual property objects of the member -states of the Customs Union is free of 
charge.  
 
As it was mention ed before, pursuant to Article 440 of the Customs Code of the Republic of 
Kazakhstan, if, in the course of carrying out of customs operations involving the goods containing 
the objects of intellectual property included in the customs registry of intellectu al property, and 
the unified customs registry of intellectual property of the member -states of the Customs Union, 
the customs bodies detect evidence of violation of intellectual property rights, then the release of 
such goods shall be suspended for a perio d of ten business days.  
 
This period may be extended by the customs body upon the request of the right holder or a person 
representing his or her interests, but not more than for ten business days.  
 
18.  Are competent authorities required to act upon their  own initiative and, if so, in 
what  circumstances? Are there any special provisions applicable to ex officio action?  
 
The customs authorities are entitled to act ex officio  in accordance with Article 441 of the Customs 
Code of the Republic of Kazakhstan.  
 
The customs bodies are entitled to suspend the release of goods containing the objects of 
intellectual property not included into the customs registry  of intellectual property or the unified 
customs registry  of intellectual property of the member -states of the Customs Union, when there 
is a sign that the goods moving across the customs border of the Customs Union are the good s 
violating intellectual property rights.  
 
In exercising of its competence to protect the trademarks, service marks and appellations of origin 
of goods, the customs bodies may use the information obtained from the State Register of the 
authorized state body  of the Republic of Kazakhstan in the field of intellectual property rights. The 
competence of the customs bodies on protection of copyright and related rights shall be 
implemented in coll aboration with the authorized state body  of the Republic of Kazakhstan in the 
field of intellectual property rights.  
 
Once signs of a violation of intellectual property rights have been det ected, the customs body shall 
suspend the goods containing objects of intellectual property pursuant to the procedure provided 
in Article 441 and immediately notify the right holder and declarant. Upon receipt of such notice, 
within the period prescribed i n paragraph 4 of the Article indicated above, the right holder shall 
respond to the customs bodies in writing on the measures taken by him/her in respect of the 
declarant.  IP/N/6/KAZ/1  
 
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The decision on suspension of goods shall be cancelled  and the goods shall be subje ct to 
immediate customs declaration and customs release in the manner specified by the Customs Code 
if, within the period specified in paragraph 4 of Article 441, the right holder:  
 
did not submit to the customs body a written request to extend the period of suspension of 
release of goods to ten business days;  
submit a written request for cancellation of the decision to suspend the release of goods.  
 
If within the period specified in paragraph 4 Article 441, the customs bodies receive application 
from the r ight holder to extend suspension of the release of goods, the goods shall be suspended 
for up to ten business days from the date of the initial suspension of the release of the goods.  
 
In case if within ten business days from the date of the initial suspen sion of the goods the right 
holder submits the documents specified in paragraph 6 Article 441, the period of suspension and 
the period of temporary storage of goods shall be extended until the entry into force of the court 
decision in respect of the claim.  
 
If within ten business days from the date of initial suspension of the goods the right holder does 
not comply with provisions established by paragraph 6 Article 441, the customs body shall repeal 
the decision to suspend the release of the goods and shall  carry out the customs declaration of 
goods according to the procedure specified by the Code. At the same time, the expenses of the 
declarant and the customs bodies related to suspension of goods for a period up to ten business 
days are assigned to the rig ht holder.  
 
19.  Describe the remedies that the competent authorities have the authority to order 
and any criteria  regulating their use.  
 
Pursuant to Article 445 of the Customs Code of the Republic of Kazakhstan, customs bodies shall 
deliver goods that are  found to be in violation of intellectual property rights and subject to be 
destroyed according to the court decision, to the authorized body of the Republic of Kazakhstan.  
 
If the court orders the destruction of goods found to be in violation of intellect ual property rights, 
the appropriate authorized state body of the Republic of Kazakhstan shall immediately take 
measures to destroy them in accordance with the laws of the Republic of Kazakhstan and the 
regulatory resolutions of the Government of the Repub lic of Kazakhstan.  
 
 
Criminal Procedures  
20.  Specify the courts which have jurisdiction over criminal acts of infringement of 
IPRs.  
 
According to Article 51 of the Criminal Procedure Code of the Republic of Kazakhstan, any criminal 
case in the Republic of  Kazakhstan including the cases on violation of intellectual property are 
performed by: Supreme Court of the Republic of Kazakhstan; regional and equated courts, military 
courts; district and equated courts; specialized inter -district criminal courts, spec ialized inter -
district military criminal courts, specialized inter -district juvenile courts, military courts of 
garrisons.  
 
21.  In respect of which infringements of which intellectual property rights are criminal 
procedures and penalties available?  
 
Criminal sanctions under the Criminal Code of the Republic of Kazakhstan are applied in relation 
to: 
 
(1)  illegal use of objects of copyright and (or) related rights, as well as the acquisition, 
storage, transfer or production of pirated copies of objects of copyright and (or) 
related rights for the purpose of sale or appropriation of authorship or compulsion to 
co-authorship;  
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  -  the same actions, if they are committed in significant amount or inflicted 
significant damage or substantial harm to the rights or legal interests of author 
or other possessor of right, or committed repeatedly;  
 
-  the same actions, committed:  
 
1)  by group of persons based on prior agreement;  
2)  on a large scale or inflicted heavy damage;  
3)  by person with the use of his or her off icial position.  
 
-  the same actions, committed by criminal group.  
 
(2)  disclosure without consent of author or applicant of the nature of invention, utility 
model, industrial design, selective achievement or integrated circuit layout before 
official publ ication of details about them, as well as appropriation of authorship or 
compulsion to co -authorship or illegal use of invention, utility model, industrial design, 
selective achievement or integrated circuit layout;  
 
-  the same actions, if they are commit ted in significant amount or inflicted 
significant damage or substantial harm to the rights or legal interests of author 
or other possessor of right, or committed repeatedly;  
 
-  the same actions, committed:  
 
1)  by group of persons based on prior agreemen t; 
2)  on a large scale or inflicted heavy damage;  
3)  by person with the use of his or her official position.  
 
-  the same actions, committed by criminal group.  
 
22.  Which public authorities are responsible for initiating criminal proceedings? Are 
they r equired  to do this on their own initiative and/or in response to complaints?  
 
Liability for initiating criminal proceedings shall be borne by state bodies and officials carrying out 
the functions of criminal prosecution, including the investigator, the hea d of the investigative 
authority, the investigative authority and the prosecutor.   
 
Criminal cases indicated in paragraph 1 Article 198 and paragraph 2 Article 199 (cases of private -
public prosecution) of the Criminal Code of the Republic of Kazakhstan are  initiated only based on 
the complaint of the injured party.   
 
Criminal cases indicated in paragraphs 2 and 3 Article 198 and paragraphs 2 and 3 of Article 199 
of the Criminal Code of the Republic of Kazakhstan are considered as cases of public prosecutio n, 
for which criminal prosecution shall be carried out irrespective of the filing of an application by the 
injured party, since it has a socially dangerous character.  
 
23.  Do private persons have standing to initiate criminal proceedings and, if so, who?  
 
See response to the question 22.  
 
24.  Specify, by category of IPR and type of infringement where necessary, the 
penalties and other remedies that may be imposed:  
 
-  imprisonment;  
 
-  monetary fines;  
 
- seizure, forfeiture and destruction of infringing g oods and materials and 
implements for their production;  
 
- other.  
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  According to Article 198 of the Criminal Code of the Republic of Kazakhstan, the sanctions for 
infringement of copyright and (or) related rights are as follows:  
 
illegal use of objects of copyright and (or) related rights, as well as acquisition, storage, 
transfer or production of pirated copies of objects of copyright and (or) related rights with 
the purpose of sale or appropriation of authorship or compulsion to co -authorship – are 
punish ed by a fine in the amount of up to one hundred monthly calculation indices or 
correction works for the same amount, or community services for the term of up to one 
hundred twenty hours.  
 
the same actions, if they are committed in significant amount or inf licted significant damage 
or substantial harm to the rights or legal interests of author or other right holder , or 
committed repeatedly, - are punished by a fine in the amount of up to three hundred 
monthly calculation indices or correction works in the sa me amount, or community services 
for the term of up to two hundred forty hours, or arrest for the term of up to seventy five 
days.  
 
the actions, indicated in second part of Article 198, committed by a group of persons based 
on prior agreement; on a large s cale or inflicted a heavy damage;  by a person with the use 
of his or her official position, - are subject to fine in the amount of up to five thousand 
monthly calculation indices or correction works in the same amount, or restriction of liberty 
for the ter m of up to five years, or imprisonment for the same term, with deprivation of the 
right to occupy certain positions or to engage in a certain activity for the term of up to three 
years or without it.  
 
the actions, indicated in second or third parts of the Article, committed by criminal group, - 
are punished by imprisonment for the term of three to six years.  
 
Pursuant to Article 199 of the Criminal Code of the Republic of Kazakhstan, for infringement of 
rights to invention, utility model, industrial design,  selective achievement or integrated circuit 
layout, the following types of sanctions are provided:  
 
disclosure without the consent of author or applicant of the nature of invention, utility 
model, industrial design, selective achievement or integrated cir cuit layout before official 
publication of details about them, as well as appropriation of authorship or compulsion to co -
authorship or illegal use of invention, utility model, industrial design, selective achievement 
or integrated circuit layout - are sub ject to fine in the amount of up to one hundred monthly 
calculation indices or correction works in the same amount, or community services for the 
term of up to one hundred twenty hours.  
 
the same actions, if they are committed in a significant amount or in flicted significant 
damage or substantial harm to the rights or legal interests of author or other right holder , or 
committed repeatedly, - are punished by a fine in the amount of up to three hundred 
monthly calculation indices or correction works in the s ame amount, or community services 
for the term of up to two hundred forty hours, or arrest for the term of up to seventy five 
days.  
 
the actions, provided by second part of Article 199, committed by a group of persons based 
on prior agreement; on a large s cale or inflicted heavy damage;  by a person with the use of 
his or her official position, - are punished by a fine in the amount of up to five thousand 
monthly calculation indices or correction works in the same amount, or restriction of liberty 
for the te rm of up to five years, or imprisonment for the same term, with deprivation of the 
right to occupy certain positions or to engage in a certain activity for the term of up to three 
years or without it.  
 
the actions, provided by second or third parts of this  Article, committed by criminal group, - 
are punished by imprisonment for the term of three to six years.  
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  25.  Describe provisions governing the length and any cost of proceedings. Provide any 
available data on the actual duration of proceedings and their  cost, if any.  
 
The national legislation of Kazakhstan does not set limits for the consideration of the case in court, 
since the time limits for its review depend on the circumstances of each specific case.  
 
Compensation of expenses, incurred by persons in volved in criminal proceedings is regulated by 
Article 176 of the Criminal Procedure Code of the Republic of Kazakhstan. By way of criminal 
proceedings the expenses of the injured party, civil claimant, their legal representatives, lawyers 
providing legal assistance as a defence  counsel or representative of the injured party (private 
prosecutor) on the appointment of the body, conducting the criminal proceedings, attesting 
witness, interpreter, specialist, expert, witness, potential jurors, called to court,  but not selected 
for the jury, are compensated at the expense of budget funds.  
 
 
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