Intellectual property is the only monopoly recognized as legal and supported by the state

What are the advantages of the proper registration of rights to intellectual property (IP) objects?
Yes, it is interesting and pleasant to have own trademarks, patents, and to take pride in possessing know-how. Undoubtedly, intellectual rights are a very important component of business, and we have repeatedly written and spoken about what are the advantages of the registration of trademarks and patents, copyrights, and the formalization of know-how ownership.
In the modern world, anti-monopoly legislation strictly regulates the market, preventing the creation of monopolies that restrict competition. However, we would now like to emphasize that there is one exclusive sphere where monopoly is not only permitted but also supported by the state—this is intellectual property.

What makes intellectual property a monopoly?

When a company or an individual registers a patent, trademark, or copyright, the state grants them exclusive rights to use that object. This means that only the owner can control their invention, trademark (brand), or work, prohibiting others from using it without permission.
In fact, intellectual property creates a limited market where only the rights holder has access to a specific technology, brand, or content. This is a clear distinction of IP from other spheres, where a company’s monopolistic position is considered illegal.

Why does the state support this monopoly?

State protection of intellectual property is based on strategic interests:

1. Stimulating innovation – companies and authors are motivated to invest in development, knowing that their work will be protected.
2. Economic growth – patent and copyright rights allow businesses to monetize technology and creative labor, attracting investment.
3. Consumer protection – registered trademarks prevent counterfeiting, guaranteeing quality.
4. Cultural development – copyrights contribute to the creation of new content in literature, film, and music.

Is this monopoly limited?

Yes, intellectual property rights are not infinite:

• Patents are valid for up to 20 years, after which the technology becomes public domain.
• Copyrights in most countries are valid until 70 years after the author’s death.
• Trademarks can be renewed indefinitely but require regular use and renewal of their term.
• Know-how is protected indefinitely, but there is always a risk that someone else, independently from you, will develop and patent the same products or technologies, register them in their own name, and then forbid you from using them (taking into account your right of prior use, established by patent law).

Moreover, within the term of the IP rights, you can both restrict the number of persons entitled to use your intellectual rights and set prices for your products and services, and allocate and restrict sales markets and territories. In short, many actions that are not permitted in companies’ activities and are clearly related to anti-competitive agreements, punished by antitrust authorities, are permissible and even encouraged when IP rights are held and used (Article 169, Entrepreneurial Code of the Republic of Kazakhstan).

The state provides other preferences to owners of IP objects. Contact us, we will help you register and otherwise establish your IP rights to gain additional advantages, and, of course, we will advise you on how to use them correctly and effectively.

Thus, intellectual property is a unique, temporary, and regulated monopoly that does not destroy the market but, on the contrary, contributes to the development of the economy and science.

This article was also prepared with the use of AI (ChatGPT.com). If you believe your copyrights have been infringed, please inform us, and we will promptly review your request and rectify the infringement.