IP rights protection

In Kazakhstan the rights to IP items can be protected:

  • through out of court settlement;
  • by civil law means;
  • through administrative procedure;
  • through criminal law procedure.

The out of court settlement involves drafting and sending claims and warning letters on infringement to rights.

The civil law means of protection includes institution of proceedings regulated by civil law.

The administrative procedure encompasses fillings with the following bodies:

  • justice departments;
  • the state revenues departments;
  • state service departments;
  • anti-monopoly bodies.

The criminal law procedure requires filing of motions and actions with:

  • the state revenues department;
  • internal affairs departments.

The scope of our services in the area of IP protection includes:

  • Drafting and servicing warning letters on infringement to rights;
  • Drafting, filing with the law enforcement agencies and further follow up in connection with actions against infringement of IP rights;
  • Participation in spot-checks organized by the law enforcement agencies;
  • Drafting of papers for civil proceedings, including: statement of claims, motions, oppositions, petitions, appeals, requests and applications;
  • Defending clients’ interests in courts of all levels, including the Supreme Court of the Republic of Kazakhstan in relation to any disputes related to IP, in particular disputes related to trademarks and patent claims;
  • Legal advice in relation to the IP protection;
  • Issue of legal opinions, expert statements related to protection of IP rights;
  • Participation in court proceedings as experts on IP protection.