25 December 2025

Kazakhstan Amends Several Key IP Acts

On 24 November 2025, Kazakhstan’s President signed Law No. 233-VIII, effective 25 January 2026, which amends several key IP acts, including the Civil Code, the Law on Trade Marks, Service Marks, Geographical Indications and Appellations of Origin of 26 July 1999, the Patent Law of 16 July 1999 and the Law on Copyright and Related Rights of 10 June 1996.

The key changes introduced by the new law include the following:

  • Accelerated preliminary examination option: Must be completed within 10 working days from the trade mark application filing date, whereas the standard preliminary examination typically takes about one month.
  • Accelerated substantive examination option: Must be completed within three months from the filing date, whereas the standard substantive examination typically lasts about seven months under the current version of the Trade Mark Law and its implementing regulations.
  • Extended opposition period: Under the amended Art. 11-2(1) of the Trade Mark Law, the opposition period for published trade mark applications has been extended from one month to two months. This provides brand owners and their representatives more time for monitoring, reviewing, and preparing legal arguments to protect their rights.
  • Suspension of the examination upon filing a lawsuit: Under Art. 13(7) of the Trade Mark Law, suspension of trade mark application examination is now permitted not only when an opposition has been filed with the Kazakh Board of Appeals, but also when a lawsuit has been initiated in court. This amendment aligns administrative and judicial processes and prevents conflicting decisions during the ongoing litigation.
  • Postponement of Board of Appeals hearings: Amendments to Art. 41-2(4)(2) of the Trade Mark Law broaden the right to request adjournment of opposition hearings. Previously limited to the opponent, this right has now been extended to any party to the dispute, including the trade mark applicant.
  • Updated definition of protected rights under the Civil Code: Amendments to Art. 972(1) introduce modern terminology and expand the list of protectable IP rights. The new wording includes “works of decorative and applied art” and “computer programs (software)”. Similar amendments to Art. 7(1) of the Copyright Law modernise the definition of copyrightable works to accommodate broader protection for contemporary creative works.

Kazakhstan’s new IP legislation modernises the system by expanding protection for contemporary creative works and by streamlining IP procedures. It creates both opportunities and obligations—trade mark owners must adapt to new timelines, while authors, software developers, and designers may benefit from clearer recognition of their rights.

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