Dispute resolution in courts

In international legal practice patent disputes mean disputes related to protection of rights to intellectual property objects, in particular, inventions, utility models and industrial designs.

Article 33.1 of the Patent Law of the Republic of Kazakhstan provides following disputes to be settled in courts:

  • Authorship of industrial property object;
  • lawfulness of issuing a title document;
  • invalidation of a patent;
  • determination of a patent owner;
  • issuing a compulsory license;
  • infringement to exclusive right to use protected industrial property object and other property rights of a patent owner;
  • conclusion and execution of license agreements for use of protected industrial property object;
  • right of prior use and after-use;
  • payment of remuneration to the author by the employer;
  • payment of compensation provided for by the Patent Law;
  • other disputes related to protection of rights arising from title documents.

This list shows that in some disputes Patent Office may also act as a defendant, for example, for wrong issuing a title document for a particular intellectual property object.

Patent Law also provides for the right to dispute patents by interested parties if industrial property object does not comply with stipulated conditions of patentability. Defendant, taking advantage of this right, may revoke the plaintiff’s patent in out of court procedure (by submitting an opposition with the Board of Appeals of the authorized body).

We offer the following services related to out of court and court resolution of patent disputes:

  • Consultation and preparation of legal documents related to out of court or court resolution of disputes;
  • Participation in court as a specialist in the field of protection of intellectual property rights;
  • Preparation and forwarding letters related to infringement to patent rights;
  • Preparation, filing and follow up of an application to law enforcement agencies on taking measures to protect the rights to intellectual property objects;
  • Preparation of documents for civil proceedings (preparation of statement of claim, complaints, objections, oppositions, appeals, petitions and requests);
  • Representing clients in courts of any instances, including the Supreme Court of the Republic of Kazakhstan, in any kind of disputes in the field of intellectual property, first of all, these are disputes related to trademarks and patent disputes;
  • Consultations on the protection of intellectual property rights;
  • Preparation of legal opinions, expert opinions regarding protection of intellectual property rights;
  • Representing the interests of a party who filed an opposition or a patent owner with the Board of Appeals.

Our associates and patent attorneys regularly participate in resolving the following types of disputes:

  • national and international disputes related to illicit use of trademarks and service marks,
  • patent disputes,
  • domain disputes,
  • disputes related to challenging the decisions of Kazak Patent Office,
  • disputes related to copyrights and related rights,
  • disputes related to illicit use of software,
  • disputes related to determination of patent owners of intellectual property object,
  • disputes arising from transfer agreements, licensing and franchising agreements,
  • other disputes in the field of intellectual property.
  • One of the main activities of Bolotov and Partners is the resolution of disputes in the field of intellectual property.

    The successful practice in conducting cases in courts, administrative and law enforcement agencies and immense experience of the Bolotov and Partners’ specialists allow us to find the most effective ways to resolve various disputes in the field of intellectual property.

In this section, information is published concerning the section PATENTS –Dispute Resolution in Courts

  • How to obtain patent in Kazakhstan;
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Olga Pastukhova

Patents

Questions relating to the section Patents – Court Resolution of Disputes can be forwarded to e-mail address: info@bolotovIP.com marked for Olga Pastukhova.