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Inclusion in the customs register of intellectual property objects

Как получить услугу
Online
Individuals

You can obtain a service via the Portal:

Using EDS:

  1. Log in to the portal and click the "Order the service online" button (to receive the services, you must be registered on the website keden.kgd.gov.kz).
  2. Fill in the required fields on the website keden.kgd.gov.kz and sign the query with an EDS (e-digital signature).

Track the application status in your personal account on the portal "keden.kgd.gov.kz". The following must be attached to the e-application:

  1. The documents confirming the existence and ownership of intellectual property rights (a certificate or agreement on the rights transfer, including a license, or an extract from the state intellectual property register of the Republic of Kazakhstan or a certificate (extract) on a legal status of a trademark under international registration, or other documents that the copyright holder or another person representing the interests of the copyright holder may present in the confirmation of their intellectual property rights).
  2. A power of attorney issued by a copyright holder to the person representing his interests.
  3. Images of distinctive features of the original goods containing intellectual property and goods containing the signs of infringement of intellectual property rights.
  4. The liability of the copyright holder or another person representing the interests of the copyright holder to compensate the declarant and other persons for the real property damage that may arise in connection with the suspension of the issue of goods containing intellectual property presumed to be the goods infringing the intellectual property rights in those cases it would be established that the goods are not the goods infringing the intellectual property rights.
  5. An insurance agreement of the applicant's liability for the damage caused to the other persons concluded electronically using the insurer's internet resource and/or internet resources of other organizations. In this case, the insured amount cannot be less than 1000 times the monthly calculation index established for the relevant financial year by the republican budget law.
Online
Legal entities

You can obtain a service via the Portal:

Using EDS:

  1. Log in to the portal and click the "Order the service online" button (to receive the services, you must be registered on the website keden.kgd.gov.kz).
  2. Fill in the required fields on the website keden.kgd.gov.kz and sign the query with an EDS (e-digital signature).

Track the application status in your personal account on the portal "keden.kgd.gov.kz". The following must be attached to the e-application:

  1. The documents confirming the existence and ownership of intellectual property rights (a certificate or agreement on the rights transfer, including a license, or an extract from the state intellectual property register of the Republic of Kazakhstan or a certificate (extract) on a legal status of a trademark under international registration, or other documents that the copyright holder or another person representing the interests of the copyright holder may present in the confirmation of their intellectual property rights).
  2. A power of attorney issued by a copyright holder to the person representing his interests.
  3. Images of distinctive features of the original goods containing intellectual property and goods containing the signs of infringement of intellectual property rights.
  4. The liability of the copyright holder or another person representing the interests of the copyright holder to compensate the declarant and other persons for the real property damage that may arise in connection with the suspension of the issue of goods containing intellectual property presumed to be the goods infringing the intellectual property rights in those cases it would be established that the goods are not the goods infringing the intellectual property rights.
  5. An insurance agreement of the applicant's liability for the damage caused to the other persons concluded electronically using the insurer's internet resource and/or internet resources of other organizations. In this case, the insured amount cannot be less than 1000 times the monthly calculation index established for the relevant financial year by the republican budget law.
Результат оказания услуги

The copyright holder or another person representing the interests of the copyright holder shall be notified of the relevant decision of the authorized body through the information system of the customs authorities.

Часто задаваемые вопросы
What can be the reasons for refusal to deliver a public servise?

1) submission by the service recipient of incomplete or inaccurate information specified in paragraph 8 of this List;

2) failure of the service recipient to submit the documents specified in paragraph 8 of this List;

3) failure to submit a description and images of the distinguishing features of original goods containing intellectual property objects, as well as goods bearing signs of infringement of intellectual property rights.

Grounds for institution of an administrative procedure
  • appeal;
  • initiative of an administrative body or official.

 General requirements for the appeal

The appeal submitted in hard copy or electronic form shall indicate:

  • Full name, IIN, postal address of a natural person, BIN of a legal entity;
  • name of administrative body, official to whom the appeal is submitted;
  • the essence of an appeal;
  • date of filing an appeal;
  • signature of the applicant or his representative;
  • other information provided for by legislation of the Republic of Kazakhstan.

If the administrative procedure is on a paid basis, the applicant must submit a document confirming the payment.

! It is barred to reject the receipt of an appeal.

  1. Once the appeal is submitted, the applicant is issued a receipt containing a unique number, indicating the date and time, last name and initials, and the position of the person who received the appeal.
  2. In the case of non-compliance with the requirements established by Article 63 Code, the administrative body and the official shall indicate to the applicant the requirements the appeal does not comply with, and set a reasonable time limit for bringing it into compliance with the requirements.
  3. Before a decision is made on the administrative case, the applicant may withdraw the appeal on the basis of his written application.

Referring the appeal to an authorized administrative body and official

An appeal received by an administrative body and official whose authority does not include the consideration of this appeal, within no later than 3 working days from the date of its receipt shall refer it to the authorized administrative body and official, with simultaneous notification of the participant in the administrative procedure.

  1. The timeframe of administrative procedure is 15 working days from the date of receipt of an appeal.

! The laws may set the other timeframe for consideration of appeals (For example, according to the Law “On Access to Information” a reply to a written enquiry is provided within fifteen calendar days from the date of receipt of the information by the owner).

  1. The period of administrative procedure may be extended by a reasoned decision of the head of the administrative body for not more than 2 months, consistently the participant in the administrative procedure is notified within 3 working days from the date of extension.

A participant in the administrative procedure has the right to file a complaint the administrative action (inaction) related to the adoption of an administrative act.

If an administrative body and official within the timeframe has not adopted an administrative act or committed an administrative action, then commencing from the date of expiry it is considered that the administrative body and official rejected to adopt the administrative act or commit the administrative action.

The complaint is submitted to the administrative body and official whose administrative act and administrative action (inaction) is being appealed.

An appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of going to court without the need to appeal to a higher authority, the administrative act, administrative action (inaction) of the administrative body and official is being disputed, along with the revoke, submit to the court a reasoned position of the head of the higher administrative body and official.

! The Administrative Procedure Code not always rules the procedure of complaint; the industry laws may contain statutes indicating the appeal of the decision in the court, without pre-trial appeal.

  1. A complaint against an administrative act, administrative action (inaction) is submitted to the administrative body and official no later than 3 months from the day when the participant in the administrative procedure became aware of the adoption of the administrative act or the commitment of an administrative action (inaction).
  2. If the deadline is missed for a good reason, at the request of the participant in the administrative procedure, it may be renewed by the body considering the complaint.
  3. Missing the deadline for submitting the complaint is not a basis for rejection to receive the complaint by the body considering the complaint.

! Other laws may establish a special procedure and deadlines for appealing the decisions.

The period for consideration of the complaint is 5 working days from the date of receipt of the complaint.

! Other laws may establish a different period for appealing the decisions of administrative bodies.

 

 

Source: Administrative Procedural Code of Republic of Kazakhstan,
The Law of the RK "On Public services"

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Полное название
Inclusion of copyright and related rights objects, trademarks, service marks and names of goods origin places into the customs register of intellectual property objects
Получатели услуги
Individuals
Legal entities
Стоимость услуги

Free

Срок оказания услуги

No more than 20 business days from the date of receipt of the application

Услугу оказывает
Ministry of Finance of the Republic of Kazakhstan
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