Potential of Geographical Indications for Kazakh Products and

Potential of Geographical Indications for Kazakh Products and the National Legal Framework for Geographical Indications Astana, 08. 12. 2016

Indication of source Geographical indication Appellation of origin of good

Legal protection of objects of industrial property in Kazakhstan Inventions Utility models Industrial designs Selection achievemnts Trademarks (service marks) Trade names APPELLATIONS OF ORIGIN OF GOODS

Paris Convention for the Protection of Industrial Property Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) Lisbon Agreement for the Protection of Appellations of Origin and their International Registration

Registration and protection appellations of origin of goods in Republic of Kazakhstan Civil Code (Special Part) Law On Trademarks, Service Marks and Appellation of Origin

STATE REGISTER

OFFICIAL BULLETIN

�Geographical Indication �Appellation of origin of good � an indication identifying goods � a designation which constitutes or contains the name of the country, that originate in the certain region, population center, area or territory, region or area any other geographical indication as well as any indication derivative of such name and became famous as a result of using it in relation to the good which special characteristics, quality, reputation or other characteristics are connected with its geographical origin including the specific environmental conditions and (or) human factor

Requirements for application � Application shall relate to one appellation of origin and shall contain: � 1) request to carry out examination of the name and (or) to grant the right for the name where the applicant (applicants) as well as his (their) location or residence shall be indicated; � 2) designation in regard to which the application is filed; 3) kind of the good; 4) description of the specific characteristics of the good; 5) indication of the place of good manufacture (limits of geographical location). � In case of records management through the representative the power of attorney shall be attached to the application. The proof of payment for service of the expert organization on carrying out the examination shall also be attached to the application.

� National applicant � The application shall include the opinion of the local executive authority that the applicant produces the good within the borders of the mentioned geographical location and the special features, quality, reputation or other characteristics of this good are mainly determined by the environmental conditions and (or) human factors typical for this geographical location. � Foreign applicant � The document confirming the applicant’s right for the requested appellation of origin shall be attached to the application.

The designations may not be registered as appellations of origin if they � The designations which are or contain the name of geographical location but entered in the Republic of Kazakhstan into common use as designations of the specific kind of good not related to the place of its production; � are names of the geographical locations that may mislead as of the place of production of the good; � formally indicate the real place of production of the good but give the false impression that the good originates from another territory; � contain the names of geographical locations not related to the place of production of the good.

Are there any restrictions (limitations) of certain kinds of goods in respect of which appellation of origin is registered? Secured in legislation limitations of kinds of goods in respect of which appellation of origin may be registered

Вид товара Общее количество Therapeutic mud Fermented milk products 1 2 Национальные и иностранные National and foreign Total – 38 National – 10 Foreign – 28 National: 6 Foreign: 5 National Kind of good Total Cheese Wines 1 18 Foreign Beer 2 Vodka Herbal liqueur Fish and fish products 1 1 1 National: 1 Foreign Общее количество зарегистрированных – 38 НАЦИОНАЛЬНЫЕ – 10 ИНОСТРАННЫЕ – 28 Mineral water 11

Appellations origin of goods Country of origin Mineral waters Therapeutic mud Republic of Kazakhstan Russian Federation Georgia Republic of Kazakhstan Fermented milk products Republic of Kazakhstan Cheese Italy Wines Georgia Beer Vodka Republic of Kazakhstan Czech Republic Russian Federation Herbal liqueur Czech Republic Fish and fish products Republic of Armenia

Problems with registration object Аpplication Applicant Document certifying that the applicant produces the good in this region - local executive authority Document certifying existance of special properties, quality, reputation or other characteristics related to the place of origin- ? Expert organization

Changes to the Law in regard to appellations of origin Additional materials for national applicants: -the opinion of the local executive authority that the applicant produces the good; -document certifying one of the following criteria: special properties, quality, reputation or other characteristics related to the place of origin Excluded «exclusive right» . One-level system of registration objects of industrial properties.

One-level system of registration objects of industrial properties Applicant Expert organization Authorized body Expert organization Applicant Оwner

Mineral water “Saryagash” Therapeutic mud “Kaskak”

Оther goods