National Institute of Intellectual Property
International cooperation of the Republic of Kazakhstan in the field of intellectual property is one of the key directions of the state policy in the field of protection and protection of intellectual property rights.
The main areas of international cooperation are:
1. PARTICIPATION IN GLOBAL INTELLECTUAL PROPERTY SYSTEMS
1.1. Cooperation with the World Intellectual Property Organization (WIPO)
The origins of the establishment of WIPO are related to the conclusion:
• The Paris Convention for the Protection of Industrial Property of 1883;
• The Berne Convention for the Protection of Literary and Artistic Works of 1886.
In 1893, the international bureaus established under these conventions were merged into the United International Bureaus for the Protection of Intellectual Property. Subsequently, on the basis of the Convention establishing WIPO (Stockholm, 1967), the World Intellectual Property Organization was established.
Since 1974, WIPO has been a specialized agency of the United Nations system. Currently, the organization unites 194 States, and its headquarters are located in Geneva.
The main objectives of WIPO are:
WIPO also works with States, international organizations and the private sector to use intellectual property for socio-economic development.
The main bodies of WIPO are:
The Republic of Kazakhstan became a member of WIPO by sending the Declaration of the Republic of Kazakhstan on International Treaties in the Field of Industrial Property Protection dated February 5, 1993. With this Declaration, Kazakhstan joined the Convention establishing WIPO. At the same time, Kazakhstan is indicated in the list of WIPO member States as a member of the organization since December 25, 1991.
As a member of WIPO, the Republic of Kazakhstan actively participates in the activities of its bodies and international initiatives in the field of intellectual property.
1.2. Cooperation with the World Trade Organization (WTO)
An important stage in the development of the national intellectual property system was the entry of the Republic of Kazakhstan into the World Trade Organization (WTO).
The Protocol on the Accession of the Republic of Kazakhstan to the Marrakesh Agreement Establishing the World Trade Organization of April 15, 1994, was ratified by the Law of the Republic of Kazakhstan No. 356-V dated October 12, 2015.
The WTO's key international document in the field of intellectual property is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which is an integral part of the WTO Agreement.
The TRIPS Agreement establishes international standards for the protection and protection of intellectual property rights and regulates:
Kazakhstan's accession to the WTO contributed to:
2. REGIONAL INTERNATIONAL COOPERATION
2.1. Cooperation within the Commonwealth of Independent States (CIS)
The Republic of Kazakhstan cooperates in the field of intellectual property within the framework of the Commonwealth of Independent States (CIS), established on the basis of the Agreement on the Establishment of the CIS dated December 8, 1991.
The CIS has established organizational and legal mechanisms for cooperation between the participating States in the field of:
• protection of intellectual property objects;
• protection of the rights of copyright holders;
• Coordination of law enforcement practice.
Interaction is carried out both through specialized bodies of sectoral cooperation and through the governing bodies of the CIS, including the CIS Economic Council and the Council of CIS Heads of Government.
2.2. Cooperation with the Eurasian Patent Organization (EAPO)
The Republic of Kazakhstan is a party to the Eurasian Patent Convention (Moscow, 1994), ratified by Decree of the President of the Republic of Kazakhstan dated July 18, 1995 No. 2364.
Membership in the Eurasian Patent Organization (EAPO) ensures Kazakhstan's participation in the functioning of the Eurasian patent system, which provides an opportunity to obtain a Eurasian patent valid on the territory of the participating States.
The organs of the EAPO are:
• The Administrative Council;
• Eurasian Patent Office (EAPO).
The EAPO plays an important role in the development of the regional industrial property protection system and the improvement of patenting mechanisms in the Eurasian space.
2.3. Cooperation within the framework of the Eurasian Economic Union (EEU)
The Republic of Kazakhstan actively participates in cooperation in the field of intellectual property within the framework of the Eurasian Economic Union (EAEU), which includes:
The legal basis for cooperation is the Treaty on the Eurasian Economic Union (Astana, 2014), ratified by the Law of the Republic of Kazakhstan No. 240-V dated October 14, 2014.
Section XXIII of the Treaty on the Eurasian Economic Union is devoted to intellectual property issues and contains provisions on the protection and enforcement of intellectual property rights.
Within the framework of the EAEU, a number of international agreements have been concluded, including:
The Agreement on Coordination of Actions for the Protection of Intellectual Property Rights (Grodno, 2015);
The Agreement on the Procedure for Collective Management of Copyright and Related Rights (Moscow, 2017);
The Treaty on Trademarks, Service Marks and Appellations of Origin of Goods of the Eurasian Economic Union (Moscow, 2020).
The specified documents are sent to:
2.4. Cooperation within the framework of the Collective Security Treaty Organization (CSTO)
Within the framework of the Collective Security Treaty Organization (CSTO) The Republic of Kazakhstan participates in the implementation of the Agreement on the Mutual Protection of Intellectual Property Rights Obtained and Used in the Course of Military-Economic Cooperation (Dushanbe, 2007).
The agreement is aimed at ensuring the protection of intellectual property rights created and used within the framework of military-economic cooperation between the CSTO member states.
3. BILATERAL COOPERATION
3.1. Intergovernmental agreements
The Republic of Kazakhstan carries out international cooperation in the field of intellectual property on the basis of bilateral intergovernmental agreements.
The list of agreements according to the appendix.
3.2. Interagency cooperation
The National Institute of Intellectual Property (Kazpatent) continuously develops cooperation with international organizations, regional associations and foreign patent offices.
Over the years, memorandums of cooperation have been signed with:
Such cooperation contributes to:
