Database

Browse Database

KAZAKHSTAN

Since July 1999

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Patent law of the Republic of Kazakhstan
According to Art. 38 of the Patent law of the Republic of Kazakhstan, foreign individuals, foreign legal entities and stateless persons residing in the Republic of Kazakhstan enjoy the same rights as the Kazakhstani citizens. However, under Article 36.5 of the Patent Law of the Republic of Kazakhstan, natural persons residing outside the Republic of Kazakhstan or foreign legal entities shall exercise their rights as patent applicants and patentees, as well as the rights of interested person in the authorized body and its organizations, through local patent attorneys. Pursuant to Art. 1 of the Law, patent agents are citizens of the Republic of Kazakhstan who, in accordance with the legislation of the Republic of Kazakhstan, have the right to represent natural and legal persons before the authorized body and expert agency.
Coverage Horizontal

KAZAKHSTAN

Since January 2012

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Law No. 527-IV On national security of the Republic of Kazakhstan
According to Art. 23.6.7 of the Law on National Security, it shall be prohibited that foreigners, stateless persons, and foreign legal entities to directly and (or) indirectly own, use, dispose of and (or) manage cumulatively in excess of 49% of the voting shares, as well as stakes, units of a legal entity engaged in telecommunications as a long-distance and (or) international telecommunications operator, possessing land (cable, including fiber optic, radio relay) communication lines with no positive decision of the Government of Kazakhstan based on the opinion of the authorised body regulating the field of communications, agreed with the national security agencies. It is reported that, in practice, foreign investors must obtain a government waiver for the acquisition of more than 49% of shares in a company providing telecommunication services.
Coverage Telecommunications sector

KAZAKHSTAN

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Kazakhstan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2016.
Coverage Horizontal

KAZAKHSTAN

Since January 2016
Since July 1999

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Government Resolution No.13 on Certain Matters Pertaining to the Implementation of State Support of Investments

Law No. 451-I on Mass Media
According to Government Resolution No. 13 dated January 2016 on Certain Matters Pertaining to the Implementation of State Support of Investments, production of digital goods such as computers, electronic and optical products is identified as a priority area for implementation of foreign investment projects, among others and are therefore subject to investment preferences. However, certain restrictions still exist in sectors related to digital economy. For instance, in accordance with Art. 5 of the Law on Mass Media, foreigners and foreign legal entities as well as stateless persons cannot directly and (or) indirectly own, use, dispose and (or) manage more than 20% of the shares of a legal entity which is the owner of a mass media organization in Kazakhstan or carries out activities in this area, including online mass media. This requirement does not apply to internet resources intended for electronic commerce.
Coverage Online mass media

KAZAKHSTAN

Since January 2016

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 434-V on Public Procurement
According to Art. 14 of the Law on Public Procurement, with regard to the goods originating in foreign countries and works, services, respectively performed by foreign potential suppliers, the national treatment is applied only in cases and upon conditions stipulated by international treaties ratified by Kazakhstan. The Law prescribes that the Government of Kazakhstan shall have the right to establish exemptions from the national treatment for a period not exceeding two years in order to protect the foundations of the constitutional system, ensure the country's defense and national security, protect the domestic market, develop the national economy and support domestic producers.
Coverage Horizontal

KAZAKHSTAN

Since January 2016

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 434-V on Public Procurement
Art. 39.3 of the Law on Public Procurement provides that with regard to purchase of periodicals on electronic carriers as well as purchase of information provision services by international and (or) foreign information organizations can be carried out through single source method whereby the government decides on the supplier not through a tender process but an ad hoc decision. This is allowed to take place when a tender fails to lead to the conclusion of a public procurement contract. The decisions on single-sourcing are reported to be not transparent nor competitive and to provide opportunities for corruption practices where only the companies known to the contracting authorities will be the successful ones.
Coverage Electronic carriers, information services

KAZAKHSTAN

Reported in 2019 and 2020

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Complaints on public procurement
It is reported that there are difficulties in practice to apply to public tenders, for example due to the structure of Kazakhstan's e-procurement system. Moreover, there seems to be a general push to support local suppliers through public purchases. It is also reported that the requirement of a digital signature certificate for foreign bidders negatively affects the principle of open eligibility.
Coverage Horizontal

KAZAKHSTAN

Since November 2015, last amended in June 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 418-V ZRK on Informatization (Об информатизации)
According to Art. 7.6 of the Informatization Law, the central executive body carrying out state regulation in the field of electronic industry orders the creation of a unified register of trusted software and electronic products. According to Art. 54.3.1, for the purposes of state security, only such approved software may be used for public procurement, as well as for critical objects of information and communication infrastructure, both state or private and including the telecommunication infrastructure.
Coverage Software

KAZAKHSTAN

Since November 2015, last amended in June 2021
Since March 2018

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Surrender of patents, source code or trade secrets to win public tenders /Restrictions on technology standards for public tenders
Law No. 418-V ZRK on Informatization (Об информатизации)

Order of the Minister of Defense and Aerospace Industry of the Republic of Kazakhstan No. 53/НК on approval of the Rules for the formation and maintenance of a register of trusted software and electronics industry products, as well as criteria for including software and electronics industry products in the register of trusted software and electronics industry products
According to Art. 7.6 of the Informatization Law, the central executive body carrying out state regulation in the field of electronic industry orders the creation of a unified register of trusted software and electronic products. According to Art. 54.3.1, for the purposes of state security, only such approved software may be used for public procurement, as well as for critical objects of state and private information and communication infrastructures, including telecommunication infrastructures. To become part of the register, the software applicant must transfer: (i) source program codes for accounting and storage; (ii) source program codes (if any) and; (iii) a set of configurations for the licensed software of "e-government" information technology objects, as stated paragraphs 10, 11, 12 and 13 of the Order of the Minister of Defense and Aerospace Industry of the Republic of Kazakhstan No. 53/НК (Rules for the formation and maintenance of a register of trusted products of the electronics and software industry, as well as the criteria for including products of the electronics industry and trusted software in the register of trusted products of the electronics and software industry).
Coverage Software

KAZAKHSTAN

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement Expansion Agreement (ITA II)
Kazakhstan is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'KZ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"57669"},{"post_id":"57670"},{"post_id":"57671"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'KZ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'KZ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

KAZAKHSTAN

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.13%
Coverage rate of zero-tariffs on ICT goods (%)
63.37%
Coverage: Digital goods

INDIA

Since 2000

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
India has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

INDIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
India has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

INDIA

Since July 2020

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection (E-Commerce) Rules, 2020
The Consumer Protection (E-Commerce) Rules, 2020 provides a comprehensive framework for consumer protection that also applies to online transactions. The Rules introduced in 2020 established several requirements such as displaying requirements for the name and details of sellers, details of returns, refunds, exchange, warranty, and guarantee. In addition, requires sellers on the platform to provide an undertaking affirming the accuracy of descriptions, images, and other content of the goods or services on the platform, including that they correspond directly with the appearance, nature, quality, and purpose.
Coverage E-commerce sector

INDIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
India has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

Report issue     Report new measure