📢 The Department of State Revenue for the Karaganda Region informs: Measures Taken by Customs Authorities to Protect Intellectual Property Rights Holders
🛡️ One of the key areas of customs authorities’ activities is the protection of intellectual property rights holders, the prevention of the import and circulation of counterfeit products, and ensuring compliance with the law when goods cross the customs border.
⚖️ Legal Framework for Customs Control
Customs control of goods for the purpose of protecting the rights of intellectual property rights holders is carried out in accordance with Article 458 of the Code of the Republic of Kazakhstan “On Customs Regulation in the Republic of Kazakhstan” (hereinafter referred to as the Code).
In the Republic of Kazakhstan, customs authorities exercise control over goods containing intellectual property objects in accordance with the customs legislation of the Eurasian Economic Union (EAEU) and the legislation of the Republic of Kazakhstan.
🔎 What Measures Do Customs Authorities Take?
Customs authorities take measures to protect the rights of intellectual property rights holders in respect of intellectual property objects included in the Unified Customs Register of Intellectual Property Objects of the EAEU Member States and/or the Customs Register of Intellectual Property Objects of the Republic of Kazakhstan, as well as objects not included in these registers.
During customs operations, customs officials verify information about goods, trademarks, and other legally protected objects. Where signs of possible infringement of intellectual property rights are identified, measures предусмотренные by the legislation are taken.
⛔️ In Which Cases Are Measures to Protect Intellectual Property Rights Not Applied?
In accordance with paragraph 3 of Article 458 of the Code, customs authorities do not apply measures to protect intellectual property rights when goods crossing the customs border of the EAEU are placed under customs procedures and are intended for official use by:
🔹 diplomatic missions and consular offices;
🔹 representations of states to international organizations;
🔹 international organizations or their representations;
🔹 other organizations or their representations located in the territory of the Republic of Kazakhstan.
Measures to protect intellectual property rights are also not applied to goods transported across the EAEU customs border by individuals for personal use, including goods sent to them in international postal consignments.
📦 Suspension of the Release of Goods Where Signs of Intellectual Property Rights Infringement Are Identified
In accordance with paragraph 1 of Article 198 of the Code, customs authorities are entitled, in the cases established by law, to suspend the release of goods containing intellectual property objects included in the Unified Customs Register of Intellectual Property Objects of the EAEU Member States or the Customs Register of Intellectual Property Objects of the Republic of Kazakhstan.
If signs of infringement of intellectual property rights are identified during customs operations related to the placement of goods under customs procedures, the release of such goods is suspended for ten working days.
📩 The interested parties are notified of the decision, and the rights holder is given an opportunity to take measures to protect their rights.
⚖️ What Happens After the Suspension Period Expires?
Upon expiration of the established suspension period, the release of goods containing intellectual property objects resumes in accordance with the procedure prescribed by the Code.
Exceptions apply where the customs authority receives documents confirming:
🔹 seizure of the goods;
🔹 imposition of an attachment on the goods;
🔹 confiscation of the goods;
🔹 a judge’s ruling initiating civil proceedings on a claim concerning the infringement of the intellectual property rights holder’s rights.
If a judge’s ruling initiating civil proceedings on a claim concerning the infringement of intellectual property rights is submitted, the suspension period established under paragraph 1 of Article 198 of the Code, as well as the temporary storage period for the relevant goods, is extended until the court decision on the rights holder’s claim enters into legal force.
📊 Results of the Department of State Revenue for the Karaganda Region
Since 1 January 2026, the Department of State Revenue for the Karaganda Region has suspended the release of 15 goods declarations during customs control activities aimed at protecting rights to intellectual property objects included in the Unified Customs Register of Intellectual Property Objects.
The rights holders were notified of the importation of goods displaying signs that may indicate the presence of protected intellectual property objects.
🤝 Why Is This Important?
The work of customs authorities to protect intellectual property rights contributes to:
✅ identifying and preventing the importation of counterfeit products;
✅ protecting the rights and legitimate interests of intellectual property rights holders;
✅ protecting consumers from unscrupulous and potentially unsafe products;
✅ promoting fair competition and protecting business interests;
✅ creating equal conditions for participants in foreign economic activity.
📌 The Department of State Revenue for the Karaganda Region reminds everyone: compliance with customs legislation and the protection of intellectual property rights are essential conditions for ensuring transparent, safe, and lawful international trade.
