New amendments were entered into Law No. 224-IV of December 8, 2009 of the Customs Code of Kazakhstan, effective as of 1 January 2010.
The new changes include extending the protection to cover copyright and related rights matters, trademarks and service marks.
The term of “counterfeit goods” that was previously used to combat both parallel imports and fakes is no longer in the Code.
Alternatively the following terms are appearing in the new amendments instead of counterfeit goods: “goods moved infringing intellectual property rights; goods moved across the customs border of the Republic of Kazakhstan and bearing dubious trademarks similar to the original goods whose trademarks are protected by the laws of Kazakhstan; goods moved across the customs border of the Republic of Kazakhstan that are copies made without the consent of their owners” constitute a breach of the copyright and related rights protected under the laws of Kazakhstan.
The customs measures will be enforced against faked products, that is, goods unlawfully bearing trademarks and against copies of copyrighted matters and matters protected by related rights, produced without the consent of their owners.
What is good about these amendments is that they give the customs officials the authority to suspend and stop clearance procedures for goods believed to constitute an infringement upon prior registered trademarks or copyrighted materials without waiting for the holder’s approval to file a request to do so.
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