Currently, Kazakhstan has the following means of protecting intellectual property rights:
- Pre-trial settlement;
- Civil proceeding.
The pre-trial settlement includes preparation and sending of letters of claim, warning letters about violation of rights. Civil law measures include an appeal to the court for the consideration of the case, which is governed by the general rules of civil legislation. Criminal proceeding include appeals and statements to the internal affairs bodies. According to the legislation of the Republic of Kazakhstan, trademark legal protection is granted basing on its registration according to Law “On Trademarks”, as well as without registration - by virtue of international treaties. According to the Article 42 of the Law “On Trademarks” the following disputes are subject to judicial review:
- on the termination of the trademark registration that is identical or confusingly similar to a trademark recognized as the well-known in the Republic of Kazakhstan, if its use is capable of misleading the consumer regarding the product or its manufacturer;
- on the lawfulness of issuing a certificate for a trademark or appellation of origin;
- on violation of the exclusive right of the owner (right holder) of a trademark or the right to use an appellation of origin;
- against the action of trademark registration in connection with its non-use;
- on the conclusion and execution of licensing agreements for the trademark use;
- on the lawfulness of recognizing a trademark as well-known;
- other disputes related to the protection of rights arising from the certificate.
We offer the following services in the field of pre-trial and trademark dispute resolution:
- Preparation and sending letters of claim on violation of rights;
- Preparation, filing and legal support of an application to law enforcement agencies for taking measures to protect intellectual property rights;
- Preparation of documents for civil proceeding (preparation of statements of claim, complaints, objections, appeals, petitions, statements);
- Representation of clients' interests in courts of any instance, including the Supreme Court of the Republic of Kazakhstan, in any type of disputes in the field of intellectual property, primarily, disputes related to trademarks and patent disputes;
- Consulting on the protection of intellectual property rights;
- Preparation of legal opinions, expert opinions on the protection of intellectual property rights;
- Participation in court as a specialist in the field of intellectual property rights protection;
- Consulting and preparation of legal documents related to pre-trial or dispute resolution inn courts;
- Representing the interests of patent holder/plaintiff before the Appeal Board.
Our lawyers and patent attorneys regularly participate in the resolution of the following types of disputes:
- national and international disputes over the illegal use of trademarks and service marks,
- patent disputes,
- domain disputes,
- disputes in cases of contest decisions of Kazpatent,
- disputes in the field of copyright and related rights,
- disputes on illegal use of software,
- disputes on determination of the right holders of intellectual property objects,
- disputes arising from disposal agreements, license and franchising agreements,
- other disputes in the field of intellectual property.
One of the main activities of Bolotov & Partners is the dispute resolution in the field of intellectual property. Successful track records of conducting cases in courts, administrative and law enforcement agencies and waste experience of Bolotov & Partners allow us to find the most effective ways to resolve disputes in the field of intellectual property.
In this section, information concerning the section "TRADEMARKS-DISPUTE RESOLUTION IN COURTS" is published.