Border protection of intellectual property is one of the main barriers against counterfeit goods, and in Kazakhstan, this mechanism operates under strict rules. The primary tool of the state revenue authorities is the Customs Register of Intellectual Property Objects (CRIPO). It is important to understand that customs does not protect all types of rights: only trademarks, service marks, appellations of origin, and objects of copyright and related rights can be included in the register. Patents for inventions, utility models, or industrial designs, however, cannot be protected at the border — such disputes are resolved exclusively through the courts.
When a declarant submits documents for a cargo, an automated system checks the data against the register. If an inspector detects a brand listed in the CRIPO, and the importer is not on the list of official distributors, the release of the cargo is blocked. As a first step, customs issues a decision to suspend the release of goods for 10 working days. Within just one working day, the inspector is required to notify both parties in writing — both the declarant and the legal right holder — sharing their respective contact details.
The suspension period is granted to the right holder to take active measures. With customs' permission, they can inspect the detained cargo, take samples, and conduct an expert appraisal to officially confirm the counterfeit nature of the goods. If ten days are not enough to gather evidence, customs can extend this period for up to an additional 10 working days upon the official request of the brand owner. Furthermore, to be included in the CRIPO, the right holder must obtain a liability insurance policy in advance: if the counterfeit is not confirmed, the insurance will cover the losses suffered by an honest importer due to downtime.
There is also the so-called "ex-officio" principle, where customs has the right to suspend the release of goods even if the brand is not in the register at all, provided that the signs of counterfeit are obvious. In this case, the cargo is blocked for 7 working days, and inspectors independently look for the trademark owner's contact info through the databases of the Ministry of Justice or Kazpatent to notify them about the suspicious import.
It is worth bearing in mind that customs control is not omnipotent and does not apply to goods carried by individuals for personal use, nor to cargo transiting through Kazakhstan. In addition, customs authorities themselves do not have the right to confiscate or destroy goods on the spot. Their key task is to timely block a suspicious shipment at the border and give the right holder time to appeal to court or law enforcement agencies. If no lawsuit is filed during the suspension period, customs is obliged to release the goods into circulation.