Pursuant to Article 992.3 of the Civil Code of the Republic of Kazakhstan and Article 15.1 of the Patent Law of the Republic of Kazakhstan infringement to exclusive rights of a patent owner (violation of a title document) means unauthorized production, use, import, storage, offering for sale, sale and other introduction into civil circulation of a product created using a protected industrial property object, and the use of protected method or introduction into civil circulation of a product directly produced using protected method.
In regard to the above a new product is considered to be obtained by protected method unless unless otherwise proved.
Disputes related to unlawful use of inventions, utility models and industrial designs, as a rule, relate to civil proceedings and settled in court. In case of patent infringements, a patent owner may require the following:
- termination of infringement to a title document;
- reimbursement by infringer of losses and compensation for non-pecuniary damage;
- recovery of income received by infringer to title document instead of reimbursement of damages;
- payment by infringer to title document of compensation in amount of from 10 to 50 thousand of MCR (monthly calculation ratio). The amount of compensation is determined by the court instead of reimbursement of losses or collection of income;
- seizures of products introduced into civil circulation or stored for this purpose and determined as infringing title document, as in addition funds specifically assigned to infringe title document;
- mandatory publication of committed infringement.
Criminal liability is also provided for infringement of patent law in the Republic of Kazakhstan.
We offer the following services in the field of patent protection:
- Preparation of expert opinions related to facts of violation of rights to industrial property objects;
- Early termination of a patent;
- Legal assistance in the sale and purchase of patents, preparation and registration of license and assignment agreements;
- Assistance in prevention of illegal use of industrial property objects under patents in Kazakhstan and abroad;
- Representing clients in patent disputes, including challenging granting of patents and patent infringement, including representation in the Board of Appeals of the Ministry of Justice, in court instances, in arbitration and pre-trial dispute resolution.
In this section, information concerning the section FIGHTING INFRINGEMENTS TO PATENT RIGHTS is published.