The bodies of justice, internal affairs, economic investigations and State revenue take measures to protect intellectual property rights.
In accordance with the Decree of the President of the Republic of Kazakhstan dated December 7, 2022 No. 44, from January 1, 2023, unscheduled inspections conducted in accordance with the Entrepreneurial Code of the Republic of Kazakhstan have been resumed.
In 2023, the territorial justice authorities conducted 170 (2022 - 2 inspections) unscheduled inspections for the illegal use of trademarks protected in Kazakhstan, based on appeals from copyright holders.
According to the results of the inspections, 151 offenses were identified (2022 - 2 offenses).
According to Article 158 of the Code of Administrative Offences of the Republic of Kazakhstan, 153 cases were initiated (2022 - 2 cases), 141 persons were brought to administrative responsibility (2022 - 2 persons). The total amount of fines amounted to 11,586,340 tenge (2022 – 245,000 tenge).
35,682 units of counterfeit products were seized from illegal trafficking for a total amount of 62,587,583 tenge (2022 – 1,656,240).
The internal affairs bodies, within their competence, carry out tasks aimed at identifying and suppressing criminal offenses in the field of copyright and related rights.
In 2023, according to Article 198 of the Criminal Code of the Republic of Kazakhstan (hereinafter – the Criminal Code) (violation of copyright and related rights), 5 materials on violations of copyright and related rights were registered, cases on which were terminated due to the absence of copyright holders.
During 2023 the internal affairs bodies have carried out 4 operational and preventive measures («Anti-Fraud» from February 7 to 9 and from April 18 to 20, «Hi-Tech» from August 16 to 18 and from November 20 to 22), during which more than 2.2 thousand units of counterfeit goods were seized from illicit trafficking products (2,295), including 2,253 counterfeit CD-DVDs, 221 of them with unlicensed software.
Special attention is paid to the identification of these violations on the Internet. In 2023, during the monitoring of the Internet space, 23,228 foreign Internet resources with illegal content were identified, including 122 with signs of violation of copyright and related rights. In order to block access to such sites in the Kazakh segment, cooperation is carried out with the Ministry of Information and Public Development.
In 2023, the financial monitoring bodies registered 9 pre-trial investigations into violations of intellectual property rights on the grounds of a crime provided for in Article 222 of the Criminal Code (Illegal use of a trademark, service mark, trade name, geographical indication and designation of origin of goods).
The territorial departments of economic investigations (EID) in cities and regions are constantly conducting operational investigative measures aimed at identifying and suppressing offenses in the field of intellectual property.
In August 2023, the same department, together with the Department of Sanitary and Epidemiological Control of the city of Shymkent and representatives of Gorilla Asia LLP, liquidated the activities of an underground workshop in the territory of the city of Shymkent for the production of an energy drink «Gorilla energy drink» (energy drink) that illegally used the trademark «Gorilla energy drink».
Finished products of the counterfeit drink «Gorilla energy drink» more than 20,000 cans (the cost of the product from the official manufacturer is 366 tenge), empty cans with the trademark «Gorilla energy drink» in the amount of 54,460 pieces, equipment for filling an energy drink, packaging devices, lids, dry mixes were seized from illegal circulation. The amount of damage caused amounted to 7,754,000 tenge. A pre-trial investigation was registered on this fact under Article 222 of the Criminal Code.
In March 2023, the EID in the Kostanay region suppressed the illegal activities of the gr. R.Y. Kremer, who illegally used the trademarks of The Procter company & Gamble washing powder «Ariel» and «Tide» for its implementation in the territory of Kostanay.
During the control purchase and inspection of the scene on 30.03.2023, Ariel brand washing powder was seized in the amount of 653 packages of 6 kg and 1,050 packages of 3 kg, as well as Tide brand powder in the amount of 40 packages of 6 kg with signs of falsification. The damage caused to the copyright holder amounted to 8,605,000 tenge.
A pre-trial investigation under Article 222 of the Criminal Code was registered on this fact.
In 2023, the Customs Register of Intellectual Property Objects of state Revenue Bodies contained 963 trademarks (303 rightholders) for 10360 items of goods.
Based on the Customs Register of Intellectual Property Objects for 2023, the territorial bodies of state revenue suspended the release of goods according to 768 declarations for goods with signs of violation of intellectual property rights for a total value of 37.1 million US dollars.