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Amendments to the Legislation of the Republic of Kazakhstan on Intellectual Property Effective from 2026
As of 25 January 2026, the key amendments introduced by Law of the Republic of Kazakhstan No. 233-VIII dated 24 November 2025 (hereinafter – the "Law") will enter into force.
Below is an overview of the amendments by sections, with an emphasis on a comparison between the current regulations and the new rules.
Trademarks
The amendments focus on accelerating procedures and expanding opportunities for rights protection.
|
Aspect |
Current Rules |
New Rules (effective from 25 January 2026) |
|
Examination time limits |
Preliminary examination — 1 month. Substantive examination — 7 months (may be accelerated to 3 months). |
An option has been introduced to accelerate the preliminary examination to 10 business days upon filing a request and payment of a fee in the amount of USD 420. |
|
Time limit for filing oppositions |
1 month from the date of publication of the application. |
Extended to 2 months. |
|
Suspension of proceedings |
Allowed only in the event of filing an opposition with the Appeal Board of the Ministry of Justice of the Republic of Kazakhstan. |
Proceedings may also be suspended upon the applicant's request in case of court proceedings. |
Geographical Indications
The amendments simplify the registration procedure and strengthen protection mechanisms, including customs measures.
- Application requirements: Previously, an applicant for registration of a geographical indication was required to demonstrate that it carried out at least one stage of the production process that had a significant impact on the formation of the product's specific characteristics.
- Revised approach: Under the new wording, the focus has shifted to establishing that the quality, reputation, or other characteristics of the goods are largely attributable to their geographical origin, regardless of the stage of production at which such characteristics are formed.
- Legal protection: Protection measures have been expanded to include customs control aimed at preventing the importation of goods bearing unlawfully used designations.
Appeal Board of the Ministry of Justice of the Republic of Kazakhstan
- Adjournment of hearings: Previously, only the applicant was entitled to request an adjournment (in cases of non-appearance, the need to review arguments, or to submit evidence). Under the amendments, the right to file a motion for adjournment is granted to all parties to the proceedings.
Patent Attorneys
- Division by specialization: Previously, patent
attorneys were authorized to represent their principals in relation
to all types of intellectual property. The amendments introduce two
distinct specializations:
- Trademarks, geographical indications, and appellations of origin of goods;
- Inventions, utility models, industrial designs, and plant varieties.
- Transitional provisions: Patent attorneys certified prior to the entry into force of the amendments may continue to practice across all specializations until 1 January 2027. After that date, they may carry out professional activities only upon re-certification.
Industrial Property Objects
The amendments relate to the filing of applications abroad.
|
Aspect |
Current Rules |
New Rules (effective from 25 January 2026) |
|
Filing applications in foreign jurisdictions |
Direct filing without any waiting periods or restrictions. |
A mandatory 3-month waiting period applies after filing an application in the Republic of Kazakhstan. Foreign filing is permitted only if no notification on the presence of state secrets has been issued. Early foreign filing is allowed following a special review initiated at the applicant's request. |
Copyright and Related Rights
- Author's certificate: Previously, the register recorded authorship only for the purpose of protecting moral rights in unpublished works. Under the amendments, right holders may now record information to confirm economic (property) rights.
- Collective rights management: A single digital platform administered by Kazpatent is being introduced. The platform will be launched in three phases, with full implementation scheduled for January 2027.
- Computer programs: The rules governing computer programs as objects of copyright have been clarified, including provisions on adaptation and modification.
- Public use: The scope of permitted public use has been expanded for persons with disabilities (including visual impairments), allowing use without authorization and without remuneration.
Plant Breeding Achievements
- Reinstatement of proceedings: Previously, only withdrawal of an application prior to registration was permitted. Under the amendments, an applicant may now reinstate a missed time limit within 12 months after its expiration by filing a petition accompanied by the required materials and payment of the applicable fee.
Composition of the Appeal Board
- The Appeal Board previously included representatives of government bodies and public councils (at least five members, in an odd number). Under the new rules, the Board will consist exclusively of representatives of authorized state bodies, without participation of public councils, while maintaining the existing requirements as to the number and composition of members.
Our firm provides comprehensive support in the registration, protection, and commercialization of intellectual property objects, taking into account the updated legislation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
