Registration of Objects of Intellectual Property Rights (IP Rights) in the Customs Register of Kazakhstan

The intellectual property objects that can be included in the unified customs register (hereafter - Customs Register) of intellectual property objects of the member states of the Eurasian Economic Union.

A owner of the IP Rights (or an authorized representative, acting under a Power of Attorney) may submit an application for the customs recordal of an IP object in the Customs Register if there are grounds to believe that customs control may result in an infringement of their IP rights.

Intellectual property objects eligible for registration

The following objects, protected under applicable law, may be entered in the Customs Register:

Copyrighted works;
Related rights;
Trademarks;
Geographical indications;

A separate customs application must be filed for each individual intellectual property object.

Importance of the customs register for IP protection

Registering your IP object in the Customs Register is a reliable way for protecting your business against counterfeit goods. This measure enables Customs to effectively stop suspicious goods at the border before they enter the domestic market and vice versa.

Risks of non-registration

unrestricted entry of counterfeit goods
loss of market share
reduced customer trust
significant financial damages
difficulties in detecting violations on the market
reputational harm due to counterfeit products

Advantages for the Rightholder

prevention of counterfeit product imports/exports
prompt response to potential infringements
mitigation of financial losses
protection of brand reputation
strengthening consumer confidence
monitoring of suspicious goods entering the market

Need help with the Customs Register in Kazakhstan? Contact us, and we will get back to you for a consultation

Submit

When to file an application for inclusion in the register

We recommend filing an application if you import or export goods incorporating your intellectual property objects, or if you have reasonable grounds to suspect that counterfeit products may be introduced into the Kazakh market. This procedure serves as a preventive measure, ensuring ongoing protection of your rights during customs control.

Application procedure and required documents

The basic application package includes:

a copy of the document confirming registration of the IP object in Kazakhstan or its international protection, along with evidence of ownership (e.g., an extract from the relevant state register);
original notarized and apostilled/legalized Power of Attorney (if the application is submitted by an authorized representative);
description of the IP object and photographs of original goods containing it, for the purpose of customs identification;
a photographs of goods suspected of infringing the rights (counterfeit or pirated), where available;
Original notarized and apostilled/legalized guarantee letter (obligation to recover the damages of the owner of the goods or other persons if the goods suspended by Customs after customs recordal are not recognized as infringing the IP rights).

In addition to above, Kazakh legislation stipulate that along with the application for recording of the IP object in the Customs Register, the applicant should provide the Customs with guarantee of fulfillment of the aforementioned obligation to compensate the damages by concluding an insurance agreement. The insurance agreement serves to protect against potential legal and financial risks associated with the import and export of goods bearing the registered IP rights. The document is typically concluded between the Rightholder and the insurance company. The duration of the insurance agreement usually aligns with the period of customs registration validity. It can be renewed or extended as needed. It also should be noted that one insurance contract may include several IP objects within its scope of coverage.

If desired, the applicant may also attach to the application samples of original goods and/or goods suspected of infringement (including counterfeit or pirated goods). Depending on the circumstances of the case, additional documents and supporting materials may be required.

Registration terms and conditions:

The application for customs recordal should be considered within twenty working days from filing thereof. This term may be extended for twenty working days. The maximum term of initial customs protection is two years, and may be extended for up to two years at a time within the validity term of the IP Object.

Notifications and enforcement of rights

After the IP object is entered into the Customs Register the Customs across Kazakhstan should check, detect and suspend the goods which may infringe the recorded IP Rights. The goods are suspended for 10 working days, the Rightholder's attorney recorded in Customs Register should be notified by Customs about suspension within 1 working day.

After the goods are suspended, it is the Rightholder's responsibility to react to the suspension, cooperate with the Customs, and in case of unauthorized import/export, initiate the enforcement actions against the suspended goods and their supplier in the court.

if no action were taken or the infringement is not recognized and the goods are released, the Rightholder will be obliged to compensate the damages and expenses caused by such suspension, if any, namely:

(1) the damages caused to the customs declarant and other persons;
(2) the expenses of the customs authorities.

Factors affecting customs control effectiveness

The effectiveness of customs measures depends on the completeness of the information provided and on the specific characteristics of the IP object. Factors such as the nature of the supply chain, methods of labelling, and the presence of identifying features of the intellectual property object in the product itself, on its packaging, or in the accompanying documentation are of particular importance. Accordingly, it is recommended to provide the customs authorities with the most comprehensive information and supporting materials regarding both the original product and the alleged infringements, thereby facilitating proper identification of goods and enhancing the effectiveness of customs control measures.

Have questions about the Customs Register? Submit a request and get expert consultation

Submit

On “parallel” (grey) imports

The regional principle of exhaustion of rights is applied in Kazakhstan. This means that the original (genuine) goods, which were entered into the civil turnover inside the Eurasian Economic Union (i.e. in Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia) under the rightholder's consent and further imported to Kazakhstan, cannot be considered as infringing the IP rights. However, if counterfeit goods are imported from countries other than the Union's countries or entered into the civil turnover on the territory of the Union, but without the consent of the Rightholder, such goods may be considered as infringement of the Rightholder’s rights and further enforcement actions may be initiated.

How we can help

The procedure for registering an IP object in the Customs Register involves numerous nuances that require both experience and meticulous attention to detail. We provide comprehensive services for the protection of intellectual property rights at the border, from preparing and submitting the necessary documentation to the Customs to providing legal support in the event of infringements. Our team will ensure that you benefit from the Customs Register’s mechanisms to secure reliable protection for your business.