RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/KAZ/59 
26 May 2005 
 
 (05-2135) 
Working Party on the 
Accession of Kazakhstan Original:   English 
 
 
 
ACCESSION OF KAZAKHSTAN 
 
Information on the Progress of the Action Plan of the  
Republic of Kazakhstan for the Harmonizati on of the National Legislation on the  
Intellectual Property Rights with the WTO Agreement on  
Trade-Related Aspects of Intellectual Prope rty Rights (TRIPS) for the Period 2004-2006  
 
 
 The following submission, dated 23 May 2005, is  being circulated at the request of the 
Delegation of the Republic of Kazakhstan. 
  
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 WT/ACC/KAZ/59 
Page 2 (October 2004-April 2005) 
No. Timeframe 
(year, quarter) Component Justification in the framework of the provisions set forth in the WTO 
Agreement on Trade-Related Aspect s of Intellectual Property Rights 
2004 
1.  Improvement of the national legislation on  the protection of intellectual property rights 
1.3 Quarter III  
 1. Coordination with all interested 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 the Intellectual 
Property Rights". 
 
2. Submission of the draft to the Government of the Republic of 
Kazakhstan and Majilis of the Pa rliament of the Republic of 
Kazakhstan. The elaborated Draft Law of the Re public of Kazakhstan "On Changes 
and Amendments to Legislative Acts of the Republic of Kazakhstan on 
Intellectual Property" was introduced to the Parliament of the Republic of 
Kazakhstan in October 2004.  
1.4 Quarter IV 
 
 Development of the draft law 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  Kazakhstan continues elaborating the proposal to empower the customs 
bodies with additional rights to suspend the release of goods containing 
intellectual property objects suspected to be of a pirated origin, and to 
make independent criminal investigations without the requests from the 
right holders. 
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". 
 In realization of the Law of the Re public of Kazakhstan "On Copyright 
and Related Rights" of 10 June 1996 and ensuring the proprietary rights of 
authors, in October 2004 the Government adopted the resolution "On 
Approval of Minimal Rates of Author Fees for Certain Kinds of Use of Works". 
1.6 Quarter IV 
 Development of the Concept to the draft law on changes and amendments 
to the Law of the Republic of K azakhstan "On Trade Marks, Service 
Marks and Geographical Indications".  
Development of the draft law on amendments to the Law of the Republic 
of Kazakhstan "On Trade Marks,  Service Marks and Geographical 
Indications" On 9 July 2004 Kazakhstan adopted the Law "On Changes and 
Amendments to Legislative Acts of the Republic of Kazakhstan on 
Intellectual Property", providing for amendments and changes to a number 
of legal acts of the Republic of Kazakhstan regulating the intellectual 
property rights protection, including the Law of the Republic of 
Kazakhstan "On Trade Marks, Service Marks and Geographical Indications". 
 
It should be noted that the existi ng Law of the Republic of Kazakhstan 
"On Trade Marks, Service Mark s and Geographical Indications" 
completely conforms to the WTO TRIPS Agreement.  
  WT/ACC/KAZ/59
 Page 3No. Timeframe 
(year, quarter) Component Justification in the framework of the provisions set forth in the WTO 
Agreement on Trade-Related Aspect s of Intellectual Property Rights 
2.  Programs to Improve the Legal Practices and Provide Advanced Training for Officials Involved in the Protection of Intellect ual Property Rights 
Ongoing (c) Inspections jointly with enforcement bodies.   In the framework of the law enforcement activities the justice bodie s of 
the Republic of Kazakhstan in coop eration with the law enforcement 
bodies  continue making inspections of natural and legal persons using 
intellectual property objects to ch eck if they observe the existing 
intellectual property rights related laws.  
Under the "pirates" control campaigning the justice bodies made 727 
inspections in the II half of 2004. They seized about 76,000 pirated copies for the total amount of 32.1 million tenge. 2.1 
Annually (d) Seminars, round table talks, conferences on the protection of 
intellectual property rights.  In the framework of the National Event "Intellect" in December 2004 they 
held a round table conference on the theme "Issues of the Legal Use of 
Software" involving representatives of the governmental bodies of the Republic of Kazakhstan, public unions and insurance and financial sector 
associations.  
 The round table participants discussed issues of the legal use of software 
in the banking sector of Kazakhstan. 
 
In December 2004 they also held a National Workshop on Copyright and 
Related Rights Protection in sphere of Culture, involving renown figures of culture and arts of the Republic of Kazakhstan, representatives of the 
governmental bodies of the Republic of Kazakhstan. 
2.2 Annually Operation of the Republican program "Intellect". With the purpose to inform the broad public on the importance of the 
intellectual property they held the third part of the National Event "Intellect" from the 1 Nove mber to 3 December 2004. 
 
To encourage the creative activity and strengthen the authority of creators 
of new objects of intellectual property by ensuring their wide public 
recognition, the Ministry of Justice of the Republic of Kazakhstan 
awarded the persons who contributed much into the national progress with gold medals on the behalf of the World Intellectual Property Organization 
(WIPO). 
2.4 Ongoing Enhancement of public awareness through mass media and periodic 
publications on the protection of intellectual property rights. Kazakhstan constantly provides the p ublic with explanations through the 
mass media, publishes information on intellectual property rights protection.  
 WT/ACC/KAZ/59 
Page 4 No. Timeframe 
(year, quarter) Component Justification in the framework of the provisions set forth in the WTO 
Agreement on Trade-Related Aspect s of Intellectual Property Rights 
3.  Cooperation with the Relevant International Or ganizations, 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 in ternational organizations on the 
accession of the Republic of Kazakhsta n to the Agreement concerning the 
Protection of Plant Varieties, th e Hague Agreement Concerning the 
International Deposit of Industrial Designs of 6 November 1925, and the Patent Law Treaty (PTL) of 1 June 2000. At this time, based on the analysis held, Kazakhstan decided that it is not 
ready to join these interna tional treaties and agreements. 
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. Kazakhstan agreed with the UN EC E on holding an international 
workshop in Almaty in cooperation with the WIPO.  The workshop is to 
be held on practical experience sharing and efficient solution of problems and issues that the customs bodies  and the law enforcement bodies 
encounter during activities to control intellectual "pirates". 
2005 
1.  Programs to Improve Legal Practices and Provide Advanced Training for Officials Involved in the Prot ection of Intellectual Property Rights 
 Measures to develop uniform legal practices applicable to infringements 
of intellectual property rights.  
Ongoing (a) Inspections jointly with enforcement bodies.   Since the beginning of 2005, In the framework of the law enforcement  
activities the justice bodies of the Re public of Kazakhsta n in cooperation 
with the law enforcement bodies have made 312 inspections of natural and 
legal persons using intellectual property objects to check if they observe 
the existing intellectual property rights related laws. 
 During these inspections they seized about 38,400 pirated copies for the 
total amount of 16.4 million tenges. 1.1 
  
 
 
 
  
 
 
Annually (b) Seminars, round table talks, conferences on the protection of 
intellectual property rights.  With the purpose to explain the provisions of the existing laws of 
Kazakhstan on copyright and related rights as well as on the need to observe the copyright of authors, on 28 March and 4 April 2005, there 
were held round table conferences for the publishing houses and 
broadcasting and cable TV organizations, where the participants discussed issues of copyright observation and application of the minimal rates of 
author fees. 
 On 31 March 2005, there was held "Science, Innovations and Intellectual 
Property" workshop in Astana under the National Event "Intellect".  
  WT/ACC/KAZ/59
 Page 5No. Timeframe 
(year, quarter) Component Justification in the framework of the provisions set forth in the WTO 
Agreement on Trade-Related Aspect s of Intellectual Property Rights 
1.2 Annually  Operation of the Republican program "Intellect" To  draw the public attention to the importance of intellectual pr operty, to 
upgrade the legal competence of the population, they held the fourth part of National Event "Intellect" from 28 March to 26 April 2005. 
 
Under the "Intellect" program the first "patent clinics" was opened in Kazakhstan to provide consultation se rvices on intellectual property. 
1.4 Ongoing Enhancement of public awareness through mass media and periodic 
publications on the protection of intellectual property rights. Kazakhstan constantly provides the p ublic with explanations through the 
mass media, publishes information on intellectual property rights 
protection. 
1.5 In the course 
of the year Publication of a specialized mag azine "Intellectual Property in 
Kazakhstan". Since April 2004 Kazakhstan publishe s a quarterly specialized magazine 
"Intellectual Property in Kazakhstan". 
2.  Cooperation with the Relevant International Or ganizations, Public Associations, and WTO Members 
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 
counterfeit intellectual property rights products Kazakhstan negotiates with the USAI D/Pragma to hold a workshop in 
Almaty in June 2005 for the customs bodies to discuss the problems of 
importation and exportation of goods containing intellectual property objects. 
 
 
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