Changed on 02/03/2018 - 11:52
An application for the designation of origin of goods and / or the granting of the right to use the protected designation of origin (hereinafter - the application) shall be submitted to the expert organization.
The application must refer to one protected designation of origin of product and must be presented on a standard form and contain:
- the name of the applicant, as well as his place of performance
- the claimed designation;
- The claimed designation may additionally contain an indication of the species (generic) designation of the goods, which is not subject to independent legal protection
- the type of goods;
When specifying the type of goods in respect of which the designation of origin of the goods is claimed, the terminology corresponding to the ICGS is used. In this case, the applicant specifies the actually produced goods, special properties, quality, reputation or other characteristics which are acquired due to (exclusively or mainly) the natural conditions and (or) human factors of the geographic location.
4. a description of the special properties of the goods;
The properties of the goods in respect of which the name of the geographic location that distinguishes this product from similar goods from other areas is listed in the description. The description should reflect the objective dependence of special properties, qualities, reputation or other characteristics of the goods on the natural conditions and (or) human factors typical for a given locality.
The description should be informative, in particular, indicate the presence in the given geographic location of raw materials source, appropriate climatic, geological or other natural conditions, people (collective) capable of making goods in a traditional way.
5. an indication of the place of production of goods (boundaries of a geographic location).
When specifying the place of origin (production) of the goods, data on the boundaries of a geographic location, the name of which is declared as the designation of origin of the goods, as well as information on the actual place of production of the goods are given. The boundaries of the area must be defined accurately and definitively.
If the geographic location, whose name is claimed as the designation of origin of the goods, is on the territory of the Republic of Kazakhstan, the application is accompanied by the conclusion of the local executive body stating that within the given geographic location the applicant produces goods, special properties, quality, reputation or other characteristics of which mainly determined by natural conditions and (or) human factors typical for a given geographic location.
If the geographic location, whose name is claimed as the designation of origin, is outside the Republic of Kazakhstan, the application is accompanied by a document confirming the applicant's right to the claimed designation of origin of the goods.
The application is also accompanied by a document confirming the payment for the services of the expert organization for the examination. The amount of payment is established in accordance with the legislation of the Republic of Kazakhstan.
In case of conducting office work through a representative, a power of attorney is attached to the application.
The application and the documents attached to it are submitted in Kazakh or Russian languages. If the documents are submitted in another language, then the applicant must submit a translation into Kazakh or Russian within a month from the date of the application.