Dispute resolution in courts

International experience shows that legal protection of rights is the most effective protection tool when it comes to results of intellectual activity and equated to them tools of individualization of participants in civil turnover.

Legal protection means applicant’s appeal to court or other authorities empowered by the law for the protection of their infringed or disputed rights, realizing respectively the judicial and extrajudicial (pre

  • trial, special and administrative) procedure for their protection.

    Intellectual property disputes resolution is one of the most difficult categories of cases involving the protection of their legally protected rights and interests. The following factors are the grounds for complexity of the above mentioned disputes:

    • particular nature of a dispute;
    • process of collecting and presenting evidence;
    • correct wording in the procedural documents of the grounds and requirements;
    • difficulty for an ordinary person who is not a professional in the field of intellectual property. Not always a person, whose interests are violated in any way, knows exactly where he should apply for protection of his rights, in what form and on what time.

    In order to achieve the most effective result in the course of resolving a dispute related to intellectual property, we recommend commissioning experienced professionals in this field.

    Professionals of Bolotov and Partners have more than 25 years of experience in legal representation in various sectors of the economy and provide full legal support for IP disputes in judicial bodies, including representation in the Supreme Court of the Republic of Kazakhstan.

    Disputes in the field of intellectual property include disputes related to:

    • protection of their rights when filing and considering applications for IP objects (trademarks, industrial designs, utility models, inventions, selection achievements, service marks and etc.);
    • protection of their rights in the process of state registration of the results of intellectual activity, as well as means of individualization;
    • protection of rights at the stage of issuing title documents confirming registration;
    • challenging the provision or termination of legal protection for intellectual activity results, etc.

    The reputation gained by the Bolotov and Partners team in the courts, an individual approach to each client, and possession of comprehensive knowledge in handling various disputes by the courts allow our professionals solving tasks and achieve our clients’ goals.

  • We offer the following services in the field of resolution of disputes in courts:

    • Filing a claim for early termination of a legal protection of a trademark on the grounds of its non-use;
    • Challenging the decision of Kazakhstan Patent Office related to the protection of intellectual activity results;
    • Filing a claim on recognition of state registration of intellectual property rights as void;
    • Filing a claim on the establishment of the patent holder;
    • Filing a claim for ownership of appropriate intellectual property rights;
    • Resolving intellectual property rights disputes arising between companies and/or private entrepreneurs;
    • Preparation and submission of objections to the Board of Appeal regarding the refusal of registration;
    • Consulting on the issues of violation and invalidation of a trademark and further protection of IP rights;
    • Other disputes related to infringement of intellectual property rights.

    In this section, information is published concerning the section PROTECTION OF INTELLECTUAL PROPERTY – Dispute resolution in courts.

    In this section, information is published concerning the section PATENTS – Fighting Infringements to Patent Rights

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    Damirzhan Amireyev

    General Legal and Civil Procedure

    Questions relating to the section Protection of Intellectual Property – Dispute Resolution in Courts can be forwarded to e-mail address: info@bolotovIP.com for Damirzhan Amireyev.