Forced License and Legal Regulation
The impact of coronavirus infection on all spheres of life, and especially on the economies of many countries drawn particular attention of states to the issue of forced licensing of the intellectual deliverables in the health sector.
The information herein is based on theoretical and practical information available as of april 2021. The content of this publication is intended for foreign businessmen and companies seeking to do business in the Republic of Kazakhstan.
Legal Alert: The law on Intellectual Property has become applicable
Intellectual property rights are protected under the Law on Patent, the Law on Copyright and Related Rights, and the Law on Trademarks and Geographical Indications in Mongolia. However, the ability to benefit from works protected under such rights has been insufficient and the economic gain has been low. The new Law on Intellectual Property, adopted on 23 January 2020, is of great importance in that it regulates the foregoing issue. The Law has become applicable from 1 December 2020.
The Concept and Conditions for Legal Protection of a Trade Secret and a Know-How
There is no special law in the Republic of Kazakhstan that regulates the protection of trade secrets. Moreover, the legislation of the Republic of Kazakhstan does not provide for an exhaustive definition of the term 'trade secret'. The provisions on trade secrets are differentiated through various regulatory legal acts, which causes some inconvenience in determining how far the definition of trade secrets can extend.
Naphtyzinum: ‘Soviet’ Trademark or Public Interest?
In Kazakhstan’s judicial practice there are growing disputes related to the early termination of legal protection for trademarks that have come into common use for the designation of goods of a certain type by virtue of Article 6.1.1 of the Law of the Republic of Kazakhstan 'On Trademarks, Service Marks and Appellations of Origin of Goods' No. 456-I, dated 26 June 1999 (hereinafter - the 'Trademark Law').
Introduction of a new object of intellectual rights - geographical indication
On July 27, 2020, a new object of intellectual rights - geographical indication will appear in Russia. Regional manufacturers who have received the right to use a geographical indication to protect their products will be able to safely enter both the domestic and international markets.
The brochure provides you with the comprehensive information about the main forms of doing business in Kazakhstan, including a detailed comparison table of such forms, information on the tax structure, bankruptcy, PPP and frequently asked questions for starting and doing business in Kazakhstan.
Overview of Court Practice Related to the Settlement of Disputes on the Protection of Intellectual Rights
In this article we have tried to analyse the court practice in application of legislation in the realm of intellectual property, particularly in respect to trademarks, trade names and patents.
Copyright in Mongolia
A copyright is a legal device that gives the creator of a literary, artistic, musical, or other creative work the sole right to publish and sell that work. Copyright owners have the right to control the reproduction of their work, including the right to receive payment for that reproduction.
The International Comparative Legal Guide series - Franchise 2018: Kazakhstan
GRATA International Kazakhstan contributed to the International Comparative Legal Guide series - Franchise 2018.