Unlawful Misappropriation of Brand Names
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In a recent crackdown on trademark violations, the Department of Justice in Nur-Sultan city, Kazakhstan, conducted 26 inspections this year to detect illegal trademark use. As a result, 14 individuals were fined a total of 1,737,944 tenge for their transgressions.
The administrative liability for trademark use violations in Kazakhstan is governed by the Code of the Republic of Kazakhstan "On Administrative Offenses" and the Law of the Republic of Kazakhstan "On Trademarks, Service Marks, and Geographical Indications". Article 158 of the RK Code of Administrative Offenses states that unauthorized use of another's trademark, service mark, geographical indication, or name of origin for goods or services, or similar signs that are confusingly similar for identical goods or services, can result in a fine for individuals of twenty, for small businesses or non-profit organizations - thirty, for medium businesses - forty, and for large businesses - eighty monthly calculation indicators. The fines imposed totaled 1,737,944 tenge.
Out of these inspections, 14 violations were identified. A total of 2564 items worth 1,294,890 tenge were seized. Counterfeit goods seized under Article 158 of the RK Code of Administrative Offenses may be destroyed, unless their reintroduction into circulation is necessary for public interest and does not violate the requirements of the legislation of the Republic of Kazakhstan on consumer protection, provided that the unauthorized trademark or confusingly similar sign is removed from the goods and its packaging.
Arman Chukuev, Head of the Intellectual Property Rights Department, emphasized the importance of compliance with intellectual property laws. He urged all citizens to respect the rights of trademark owners and avoid engaging in illegal activities that could lead to penalties.
Violation of exclusive trademark rights may also result in criminal liability, particularly in cases of large damage, such as under Article 222 of the Criminal Code of the Republic of Kazakhstan for violation of rights to intellectual property objects. Moreover, civil liability may arise, including compensation for damages, an injunction against use of the mark, and destruction of counterfeit products.
In summary, Kazakhstan employs administrative liability for trademark violations with penalties like fines and enforcement by competent authorities. However, precise regulatory provisions, penalty scales, and procedural steps are not detailed in the available search results. For exact and current information, direct access to Kazakh legislative texts or specialized legal databases on intellectual property laws in Kazakhstan is necessary.
In light of the strict regulations for trademark violations in Kazakhstan, it is crucial for businesses and individuals to ensure their finance practices are free from any unauthorized use of trademarks, given that penalties, including financial penalties, can result from such infractions. Arman Chukuev, Head of the Intellectual Property Rights Department, emphasized the significance of this issue, urging businesses to prioritize strict adherence to intellectual property laws in their operations.
