ISSUES OF LEGAL PROTECTION OF INDIVIDUAL OBJECTS OF INDUSTRIAL PROPERTY UNDER THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN AND THE EURASIAN ECONOMIC UNION
DOI:
https://doi.org/10.52026/2788-5291_2025_80_1_92Keywords:
intellectual property, Eurasian Economic Union (EAEU), Eurasian patent, unregistered industrial design, geographical indication, novelty, originality, harmonizationAbstract
In the article, the author examines certain aspects of the legal protection of certain objects of industrial property, reveals the importance of the development of integration processes and the need to harmonize the legislation of the EAEU member states. The author raised the issues of the absence of uniform conventions in the field of copyright, related rights, trademarks and other means of individualization on the territory of the EAEU, with the exception of one - the Eurasian Patent Convention.
The relevance of the article lies in the study and disclosure of such intellectual property objects as an unregistered industrial design and a geographical indication, which were introduced into the legislation of the Republic of Kazakhstan as a result of harmonization of legislation in connection with participation in the EAEU. The above-mentioned objects are of interest for scientific research due to their features, which do not allow them to be classified as one of the traditional objects of intellectual property.
In addition, the article analyzes the new institution "unregistered industrial design", which was introduced into the Patent Law of the Republic of Kazakhstan by Article 34-1 in accordance with the Law of the Republic of Kazakhstan dated 06/20/2012 No. 128-VII. The criteria for protection are similar to those for copyright objects, which requires resolving the question of whether this object belongs to copyright or patent law.
The author has studied the institute of geographical indication, its similarities and distinctive features with the designation of places of origin of goods. Despite certain similarities, geographical indication is still an independent means of individualization.
The article analyzes the practice that has arisen in Kazakhstan regarding the recognition of trademark registration as invalid due to their identity with trademarks registered in Russia, since Kazakhstani courts recognize unfair competition.
