Customs Register Of The Republic Of Kazakhstan-2018. New Rules Of Operation

On December 26, 2017 the President of the Republic of Kazakhstan signed a new code of the Republic of Kazakhstan «On Customs Regulation in the Republic of Kazakhstan» (hereinafter referred to as «the Code») No. 123-VI ZRK. The Code came effective as of January 1, 2018 and is aimed at the improvement of the customs regulation system in the whole.

The Law of the Republic of Kazakhstan "On the Amendments and Supplements to Several Legal Acts of the Republic of Kazakhstan on Customs Regulation Issues" as of December 26, 2017 № 124-VI ZRK , which became effective as of January 1, 2018 (further referred to as «the Law»), was adopted simultaneously with the approval of the Code in order to bring the customs legislation of Kazakhstan to conformity with the Code. The Law amends 35 regulatory legal acts of the Republic of Kazakhstan.

The amendments, which are introduced to the customs regulation in Kazakhstan by the Code, can be roughly divided into 2 parts: 1) the ones concerning the Eurasian Economic Community (hereinafter referred to as «EAEC»); 2) the ones concerning the domestic (national) regulation.

This alert will consider the amendments, which the Code introduces into the measures on protection of the right holders' rights for their intellectual property objects (hereinafter referred to as "IP objects"), which are established by the customs authorities.

EAEC

The Code introduces the concept and regulation of a single customs intellectual property objects register of the Eurasian Economic Community member states (hereinafter referred to as "single CIPR of the EAEC"). In our view, the regulation peculiarities of the single CIPR EAEC are the following:

Eurasian Economic Committee (further referred to as "Committee") defines administration of the single CIPR of the EAEC member states on the basis of the Regulation. Currently, the Regulation has not come into effect yet. The IP object to be included into the CIPR of the EAEC must be registered in each of the EAEC member states. - In case if identical IP objects, which are registered in the EAEC member states, belong to different right holders, the introduction of such IP objects requires the consent of all right holders in each of the EAEC member states by issuing powers of attorney. The application for recording of the IP object to the CIPR of the EAEC can be submitted by the right holder either on behalf of the right holder, who has no permanent representation in the customs territory of the...

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