Unauthorized Trade Mark Exploitation Unveiled
In the heart of Astana, the Department of Justice has been actively enforcing intellectual property rights, particularly focusing on trademark infringements.
According to Article 158 of the RK Code of Administrative Offenses, the unauthorized use of another's trademark, service mark, geographical indication, or name of origin can lead to administrative penalties. These penalties vary depending on the size of the business, with individuals facing fines of twenty monthly calculation indicators, small businesses and non-profit organizations facing fines of thirty, medium businesses facing fines of forty, and large businesses facing fines of eighty. In addition to fines, the Department of Justice has the power to confiscate goods bearing unauthorized trademarks, service marks, geographical indications, or names of origin.
This year, the Department of Justice of Astana has conducted 26 inspections to investigate potential trademark infringements. As a result, a total of 2564 items valued at 1,294,890 tenge were seized. Out of these inspections, 14 violations were identified, leading to 14 individuals being held administratively responsible and fined a total of 1,737,944 tenge. Cases have been opened under Article 158 of the Code of Administrative Offenses and sent to court.
The Head of the Intellectual Property Rights Division, Department of Justice, Astana, urges all citizens to comply with the norms of legislation in the field of intellectual property. The Department of Justice of Astana is responsible for investigating potential trademark infringements based on complaints from individuals and legal entities.
It's important to note that violation of exclusive trademark rights may also result in criminal liability, such as under Article 222 of the Criminal Code of the Republic of Kazakhstan for violating rights to intellectual property objects.
The administrative liability for trademark use violations in Kazakhstan is regulated 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 Code of Administrative Offences specifically governs administrative liability for trademark violations in Kazakhstan.
Counterfeit goods seized under Article 158 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.
The Department of Justice of Astana has the authority to seize goods bearing unauthorized trademarks, service marks, geographical indications, or names of origin. Violation of exclusive trademark rights in Kazakhstan may lead to civil liability, including compensation for damages, prohibition of using the mark, and destruction of counterfeit products.
For authoritative details, consulting the official text of the Code or legal databases covering Kazakhstan administrative law related to intellectual property is recommended.
The Department of Justice, while seizing counterfeit goods, can impose fines on individuals and businesses according to the size of their operations, as stipulated in Article 158 of the RK Code of Administrative Offenses. This ongoing enforcement action in the industry of finance is a crucial step in safeguarding the finance sector from the negative impact of trademark infringements.
