Patent and design protection in Kazakhstan operates through two parallel legal frameworks: the national system administered by the National Institute of Intellectual Property (KAZPATENT) and the regional Eurasian system under the Eurasian Patent Convention (EAPC). Foreign companies with regional commercial interests must determine which route — or combination of routes — suits their protection strategy before entering the Kazakhstan market.
Under Kazakhstan's national IP legislation, inventors and design owners may file directly with KAZPATENT to obtain rights enforceable within Kazakhstan's territory. National patent protection covers inventions, utility models, and industrial designs. The Kazakhstan Civil Code and specialist IP law establish the substantive requirements: novelty, industrial applicability, and — for inventions — an inventive step. Industrial designs are assessed separately on the basis of novelty and originality. Registration confers the exclusive right to use, license, and enforce the protected object within Kazakhstan for a defined term, typically up to 20 years for patents and up to 15 years for industrial designs, subject to renewal requirements.
The Eurasian route, available because Kazakhstan is a signatory to the Eurasian Patent Convention, allows a foreign company to obtain a single Eurasian patent that is effective across all EAPC member states simultaneously. This is often the more cost-efficient path for investors who seek protection across multiple post-Soviet markets — including Russia — from a single filing. However, the Eurasian patent covers only inventions; industrial designs registered under the Eurasian route are not available through this mechanism, meaning design protection requires a separate national filing with KAZPATENT.
For practical purposes, foreign companies entering the Kazakhstan market should file design applications nationally and evaluate Eurasian patent filing alongside any national patent application, particularly where supply chains or manufacturing extend across EAEU member states. Both systems require a registered local patent attorney — a requirement applicable to foreign applicants that should be factored into project timelines. Enforcement of registered rights is pursued through Kazakhstani courts and, where customs measures are relevant, through interaction with the Kazakhstani customs authorities.
[CTA: If your company is assessing patent or design protection as part of Kazakhstan market entry — make an enquiry: info@vetrovpartners.com | WhatsApp/Telegram: +7 (983) 510-38-76]
— Aigerim Serikbayeva Contributing Regional Analyst — Kazakhstan · EAEU Trade, Customs and Market Entry vetrovpartners.com/contributions/
Aigerim Serikbayeva advises on EAEU trade, customs procedures, and market entry for companies entering Kazakhstan and the broader Eurasian Economic Union. She contributes regional analysis to Vetrov & Partners on Kazakhstan-specific legal and regulatory matters.
This publication is provided for informational purposes only and does not constitute legal advice under Russian or any other applicable law. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Vetrov & Partners is a Russian-qualified law firm. For matters governed by foreign law or requiring local admission in another jurisdiction, we collaborate with trusted counsel in the relevant jurisdiction. For advice regarding your particular situation, please contact info@vetrovpartners.com.