The rules for inclusion in the customs register of objects of intellectual property have been simplified. Now the need of providing a document confirming the fact of goods movement across the Eurasian Economic Union customs border with violation of intellectual property rights has been eliminated for copyright holders.
On January 17, the Law "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Customs Regulation and Business Activities" came into force. This Document excludes subparagraph 3) of paragraph 3 of Article 461 from the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan", according to which rightholders had to confirm the fact of movement of goods across the customs border of the EAEU in violation of intellectual property rights.
This provision was a barrier for rightholders to include their intellectual property objects in the register. That is, this rule allowed to include in Customs register only those intellectual property objects for which violations of rights had already been identified. And the owner of the intellectual property object, having come to the Kazakhstan market for the first time with the intention to add the intellectual property object to the register, did not have the opportunity to protect his rights to intellectual property objects.
Now the need of providing a document confirming the fact of goods movement across the Eurasian Economic Union customs border with violation of intellectual property rights has been eliminated for copyright holders.
