International businesses with brand or technology assets in Kazakhstan are facing a changed enforcement environment. Courts have raised evidentiary expectations in infringement claims, and the national IP registration authority has tightened procedural requirements for trademark applications. Companies that have not reviewed their local IP portfolios since 2023 may find their rights harder to assert than anticipated.
Kazakhstan's intellectual property legislative regime has been updated to strengthen court oversight of IP registration disputes and infringement proceedings, with key procedural changes taking effect for cases filed from early 2025 onward. International rights holders must now demonstrate local use or a documented market presence to sustain enforcement actions before Kazakhstani courts. Businesses without active IP registration in Kazakhstan risk losing enforcement standing entirely.
This alert explains what has changed, which business categories are most exposed, and the immediate steps companies should take to protect their position.
What has changed – the regulatory shift and effective date
Kazakhstan's IP legislative regime has undergone a significant shift in both court practice and administrative procedure. Two developments stand out.
First, courts have adopted a stricter approach to evidence in infringement claims. Judges now require rights holders to demonstrate that a mark or protected work has genuine commercial use in Kazakhstan – not merely registration. This shift aligns Kazakhstani practice more closely with standards applied in other CIS jurisdictions and reflects a broader judicial policy of reducing opportunistic enforcement actions.
Second, the Komitet po pravam intellektualnoy sobstvennosti (Committee on Intellectual Property Rights, Kazakhstan's national IP authority) has revised its examination standards for trademark applications. Examiners are applying Nice classification more rigorously, requiring applicants to specify goods and services with greater precision. Broad or catch-all class descriptions that were previously accepted are now frequently rejected at the examination stage.
Both shifts apply to proceedings initiated from January 2025. Existing registrations are not invalidated, but enforcement actions filed after that date must meet the new evidentiary standards. Opposition proceedings launched against pending applications are also subject to the revised procedural rules.
Companies relying on prior registrations obtained without active commercial use documentation face a real risk. If an infringement claim is challenged on use grounds, the burden of proof rests with the rights holder. Failure to meet that burden can result in dismissal – and in some cases, a counterclaim for cancellation of the registration itself.
Who is affected – threshold criteria and exposed business categories
The changes affect a broad range of international businesses. The risk is highest for companies in four categories.
- Consumer goods and retail brands that registered trademarks in Kazakhstan as a defensive measure but have not yet launched commercial operations.
- Technology companies holding software or platform IP registrations that predate their actual market entry.
- Pharmaceutical and life sciences businesses whose product registrations were filed under broad Nice classification categories.
- Franchise and licensing operations that rely on a head-office registration rather than a local IP registration held by the Kazakhstani franchisee or licensee.
The threshold criterion courts are applying is straightforward: has the rights holder used the mark or protected asset in Kazakhstan within the preceding three years? Use by a licensee counts, provided the licence is properly documented and registered. Use in a neighbouring market – Russia, Kyrgyzstan, or China – does not substitute for Kazakhstani use.
Companies with pending trademark applications should also assess their exposure to opposition proceedings under the revised rules. A competitor may now challenge an application on absolute grounds at the examination stage more easily than before. Our analysis of IP enforcement developments in Russia shows a parallel tightening trend across CIS jurisdictions – international companies should treat Kazakhstan as part of a region-wide reassessment.
To receive an expert assessment of your IP portfolio's exposure under the new Kazakhstani enforcement standards, contact us at info@ferrazwhitmore.com.
What to do now – immediate actions and compliance timeline
Companies with IP assets in Kazakhstan should complete the following steps within the next 60 to 90 days.
Audit existing registrations. Map every trademark, patent, and copyright registration held in Kazakhstan against actual commercial activity in the market. Identify registrations where use cannot be documented for the past three years.
Compile use evidence. For each active registration, assemble evidence of use: sales records, marketing materials, packaging, online presence, or distributor agreements referencing the Kazakhstani market. This evidence should be dated, translated where necessary, and stored in a form that can be produced in litigation.
Review Nice classification filings. Check all pending and recently filed trademark applications against the revised examination standards. Broad class descriptions should be narrowed now – before an examiner issues a deficiency notice or a competitor files an opposition.
Document licence and franchise arrangements. Where a Kazakhstani entity is using the IP under licence, confirm that the licence agreement is registered with the IP authority. Unregistered licences may not satisfy the court's use requirement.
Assess enforcement strategy for active disputes. If an infringement claim is already filed or planned, review the evidence bundle against the new judicial standards before the next procedural step. Our team advising on intellectual property matters in Kazakhstan can provide a rapid assessment of claim viability under current court practice.
Companies operating at the intersection of IP and technology should also note that AI-generated content and platform liability questions are increasingly relevant in Kazakhstan. For context on how digital and AI regulation interacts with IP enforcement in this jurisdiction, see our coverage of AI law and technology regulation in Kazakhstan.
The compliance window is narrow. A rights holder who waits until an enforcement action is challenged has already lost the initiative. Engaging a lawyer in Kazakhstan with cross-border IP experience now – before a dispute is filed – is materially more effective than responding under litigation pressure.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our intellectual property practice covers IP registration, infringement claims, opposition proceedings, and cross-border enforcement across CIS and Asia-Pacific markets, supported by a network of local counsel in each jurisdiction. As a law firm in Kazakhstan and across the wider CIS region, we combine Portuguese civil law expertise with English common law tradition to serve international companies that need results-oriented counsel across multiple legal systems. Our team has advised rights holders on IP enforcement matters before Kazakhstani courts and has experience managing portfolio audits under shifting regulatory conditions. To discuss how these developments affect your IP assets in Kazakhstan, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.