|
|
Under Kazakhstan legislation, intellectual property objects and intellectual property rights (an “IP object”) include the results of intellectual and creative activity (patents, copyright, etc.) and equivalent means of individualization of market participants, goods, work or services (trade name, trademark, service mark, etc.)
An exclusive right to the result of the intellectual creative activity or means of individualization is a property right of its owner to use the IP object in every way at his/her discretion. Third parties can use the IP object only with the consent of its owner.
Our IP practice covers all aspects of IP law and protection of IP, including trademarks, inventions, industrial designs, utility models copyrights and related rights, franchising, IP management. Our IP services embrace all stages from advice and filing applications for registration of IP to defending our clients’ interests in courts and government agencies. We have an expirience in optimization of the operation of companies and improve their financial condition. Independently or working closely with IP lawyers and, patent and trademark attorneys from many countries, and we are able to meet our clients’ IP needs in all CIS Republics and many countries all over the world.
Your initial consultation with our IP lawyers and patent and trademark attorneys is free.
Find out more about key areas of our expertise below. We conduct workshops and trainings in the area of IP.
Patents
We offer legal advice in relation to and assistance with registration, protection and patenting of industrial property in all fields of science and technology in Kazakhstan and other countries.
According to the Kazakhstan legislation, all trademark and patent filings and other types of representation of foreign clients before the IP Rights committe can be done only by a registered patent and trademark attorney.
Our patenting related services include:
- drafting, filing and following up applications until such moment when a title of protection for industrial property object has been issued in Kazakhstan or other countries. Foreign patents can be directly applied for in countries indicated by an applicant or within the framework of patent cooperation agreement of РСТ, Eurasian and European Patent Conventions;
- entering amendments in titles of protection and keeping them in effect, and extending the term of patents as required by the patent legislation;
- drafting expert opinions of specialists in relation to infringement on of industrial property rights;
- monitoring the terms of payment of fees for maintaining validity of titles of protection for industrial propertyobjects;
- early termination of patents;
- advising in relation to the sale and purchase of patents, preparing and registering license agreements and pledge agreements;
- advising in relation to protection from unfair competition;
- assisting in disclosure and prevention of illegal use of patents in Kazakhstan and abroad;
- representing clients in patent disputes, including representation before the Board of Appeals of the Committee for Intellectual Property Rights, courts and arbitrations, and out of court settlements.
Searches
We also provide services in respect of any kind of patent searches in the databases of the Committee for Intellectual Property Rights, Republican Scientific-Technical Library (RSTL), both independently and through engaged outside specialists.
Based on search results, we prepare reports and recommendations; issue opinions on protectability of inventions, industrial designs and utility models which often serve as the basis for preparing application papers and documents required as part of applications for registration.
Patent searches are made depending on the goals set:
- search for patent clarity of an object;
- search for prior art;
- subject (topic) search;
- search of patents by names of patent holders;
- novelty searches;
- search of Kazakhstani equivalents for patents of other countries.
In addition, our patent attorneys and specialists:
- select patents that might be found related to objects under search (in Kazakh databases of titles of protection and in databases of other countries through our correspondents);
- provide copies of patent materials indicated by a client;
- prepare analysis of search results.
On request of our clients, state authorities and organisations we conduct trainings and seminars on various IP issues.
Under the legislation of the Republic of Kazakhstan, a trademark is registered or protected without registration based on international treaties to which Kazakhstan is a party and is a distinctive sign used to distinguish goods or services produced or provided by one legal entity or individual from similar goods or services produced or provided by another legal entity or individual.
In the day-to-day life the terms “mark”, drade mark, “logo” or “brand” are sometimes used interchangeably with “trademark”. However, these become trademarks only after their registration.
A trademark or a sign used as a trademark in Kazakhstan without being protected by law, but which has become well-known due to its active use in Kazakhstan, may be recognized as a well-known trademark pursuant to a decision of the Committee.
A well-known trademark is a sign used as a trademark, or a trademark recognized as well-known, by virtue of international treaties to which Kazakhstan is a party, or a decision of the authorized agency or a court based on the evidence of interested parties.
In Kazakhstan a mark can be recognized as well-known by a decision of the Committee for Intellectual Property Rights.
Under the Law of Kazakhstan “On Trademarks, Service Marks and Appellations of Origin of Goods”, “an appellation of origin of goods means a geographical indication used to identify certain products whose special qualities are exclusively or mainly associated with the place of their manufacture, including climatic conditions and/or human factors.
· Trademarks
· Well-known marks
· Appellations of Origin of Goods
· Searches
· Protection and enfocement of trademark rights
According to the Kazakhstan legislation, all trademark and patent filings and other types of representation of foreign clients before the IP Rights committe can be done only by a registered patent and trademark attorney.
We offer a full range of services in the area of protection of rights to trademarks:
1. Conducting a preliminary search of trademarks as to identity and similarity. Such search will almost eliminate the risk of denial of registration of your trademark;
2. Drafting, filing and follow up until the issue of a title of protection;
3. Provision of assistance in connection with making filings of applications for registration of trademarks in other countries in accordance with national and international procedures;
4. Drafting, filing and follow up of the applications for a trademark to be recognised as well-known;
5. Entering amendments in applications, titles of protection and extension of the term of trademark registration;
6. Legal support in relation to the assignment of rights to trademarks;
7. Drafting and registration of license agreements, assignment agreements and pledge agreements;
8. Early termination of the registration of a trademark;
9. Enforcement of rights to trademarks and prevention of infringement of rights to trademarks;
10. Issue of legal opinions in relation to trademarks;
11. Representing clients in relation to protection of rights to trademarks (before the state bodies and other organizations).
12. Comparative analysis related to similarity of marks
On request of our clients, state authorities and organisations we conduct trainings and seminars on various IP issues.
Under the Kazakhstan legislation, a trade name (“TN”) falls under the objects of intellectual property, specifically means of individualization of participants in commerce. In line with the Paris Convention for the Protection of Industrial Property of March 29, 1883, in Kazakhstan, a TN is protected without the obligation of registration, whether or not it forms part of a trademark.
There is no specific obligation of registration of a TN in Kazakhstan. Once a legal entity is registered with the Ministry of Justice of the Republic of Kazakhstan, the name of the legal entity becomes its TN and it must be indicated in its foundation documents. The TN permits to distinguish such legal entity from any other legal entity. A TN has a distinctive part and reference to the corporate form of a legal entity in the Kazakh and Russian languages, and if need be, in any other languages in full or, if its shareholders or participants wish, in abbreviated form.
A legal entity under a certain TN is entered in the state register of legal entities. In the case of a bank, its TN must incorporate the word “bank” or its derivative. In the case of a special financial company, its TN must incorporate the words “special financial company,” etc.
The TN of a state-owned company must contain a reference to the property owner, the form of state ownership (central government or municipal property) and its departmental affiliation.
The TN of a public enterprise operating on the basis of operational management must incorporate a reference that the enterprise is public.
A state-owned company has a seal depicting the State coat of arms of the Republic of Kazakhstan and company’s TN.
Enterprises that are not state agencies may not use any indication of official names of the state agencies of the Republic of Kazakhstan established by laws or acts of the President and Government of Kazakhstan. Also names of legal entities may not include names which contradict the requirements of legislation or public moral standards, or proper names, unless these are the names of participants/shareholder or the participants/shareholders have obtained consent from the relevant people (or their heirs) to use their names.
A legal entity enjoys an exclusive right to use its TN. Anyone illegally using someone else’s TN must cease using it at the request of the TN owner and compensate any damages suffered by the latter.
A legal entity has the exclusive right to use its TN on its letterhead, printed matter, advertisements, signboards, prospectuses, invoices, goods and packaging, and as otherwise may be required for the purpose of individualizing the legal entity. A TN cannot be used if it is confusingly similar to the TN of an existing registered legal entity that its use could lead to the legal entities being misidentified and mislead the public as to the origin of their goods or services.
The right to the TN ceases to be valid upon the liquidation of a legal entity or change of its trade name.
The TN of a legal entity may not be sold or assigned except when the legal entity is reorganized or disposed of in its entirety. The TN owner may permit (grant a licence) a third party to use its TN in a manner stated in the relevant agreement.
Under a franchise licence, a licensor agrees to grant to a licensee for a consideration a set of exclusive rights, including the right to use the licensor’s TN in the licensee’s business. Unless otherwise provided by the franchise licence, the licensee must inform its customers (clients) in a most evident manner that it uses TN on the basis of a franchise licence.
Under paragraph 3 of Article 1020 of the Civil Code of the Republic of Kazakhstan cannot be used if it is confusingly similar to the TN of an existing registered legal entity that its use could lead to the legal entities being misidentified and mislead the public as to the origin of their goods or services.
We offer the following services in the area of the protection of trade names:
1. Trade name search;
2. Advice in relation to the protection of trade names;
3. Legal opinions in respect of the rights to trade names;
4. Representing clients in connection with the protection of trade names.
Copyright applies to works of science, literature and art that are a result of creative activity, regardless of their designation, merit and style of expression. Computer software is equated to writings and is recognised as a copyright object.
Copyright to said works arises upon their fixation in material form, and it is from that moment that the author acquires an exclusive right to his/her creation (the property right to use his/her work in any manner at his/her discretion for a specific term prescribed by the law). No state registration is required for an exclusive right to arise, but it is recommended in order to enforce rights in courts.
No official documents (laws, court judgments, translations thereof), state symbols and insignia, folk arts, information reports on events and facts can be copyrighted works.
Primary copyright owners are authors whose creativity resulted in a work of art.
The scope of the author’s rights can be divided into two classes of property rights and non-property rights. The property rights encompass the ways in which works can be used as prescribed by legal acts (the list of such ways is not exhaustive and is constantly updated as science advances. The property rights include the right to reproduce, distribute, broadcast over-the-air and by cable, adapt, etc.
The author also enjoys the following non-property rights:
(i) the right to be recognised as the author of a work;
(ii) the right to use and to be named by his/her fictive name (nickname) instead of the real name on the copies of his/her work and in any public performance thereof , or to decline the use of his/her name;
(iii) the right to counteract any distortion, perversion or any other alteration of his/her work; and
(iv) the right to make the work available to an unlimited group of people. Unlike property rights that can be freely assigned to third parties, personal non-property rights are inalienable rights of an author.
Non-property rights are protected perpetually. Generally, The property right to a work subsists for the whole life of the author and 70 years after his/her death. Once that copyright expires, the work falls into the public domain. Thereafter the work may be freely used by any person without any payment of royalties. At the same time, the right of authorship, the right to the name, and protection of the author’s reputation persist and should be observed.
Property rights to copyrighted works can be transferred on the basis of civil contracts called a copyright agreement. The law identifies the following types of the copyright agreement: an agreement as to disposal of the copyright, agreement as to partial copyright disposal, and exclusive and non-exclusive copyright licenses. Each agreement differs in scope of assigned rights. Property rights may also be assigned under an employment agreement (the legislation of the Republic of Kazakhstan provides for a concept of works produced at the work place), commissioning agreement or inherited.
Kazakhstan joined the international system of protection of works by way of acceding The Berne Convention for the Protection of Literary and Artistic Works, 1886, and The Universal Copyright Convention, 1952. In the Republic of Kazakhstan, any works made public in a country that is a party to any of the two conventions or whose authors are citizens or permanent residents of such country are granted national treatment.
Related rights are closely connected with copyright and arise in connection with the use of copyrighted objects. Copyrighted objects include phonograms, performances (staging), and broadcasts by air and cable broadcasting organizations (a set of sound and video signals aired or broadcast by cable using technical aids). As in the case of copyright nor registration is required for related rights to emerge.
Performers, phonogram producers and air or cable broadcasting organizations are the holders of related rights.
Holders of related rights acquire property rights, whereas performers also acquire personal non-property rights in relation to their performance.
Property rights to related right objects can be transferred under a full or partial assignment agreement or under an agreement for the assignment of exclusive or non-exclusive rights (with the last two being a license agreement).
Property rights to related right objects are also valid for 70 years of the first performance (in the case of performers), the first publication (in the case of phonograms), or the first airing or broadcast by cable (in the case of air and cable broadcasting). Personal non-property rights are protected perpetually.
Upon expiry of the related rights to performances, staging, phonograms, broadcasts of air or cable broadcasting organizations, they fall into the public domain.
The Republic of Kazakhstan ratified the WIPO Performances and Phonograms Treaty (WIPO Treaty). Under the WIPO Treaty, contracting parties should accord the protection provided under the treaty to the performers and producers of phonograms who are nationals of other contracting parties with regard to the exclusive rights and to the right to equitable remuneration in the scope and amount accorded to their own nationals.
As mentioned above, registration of the rights to copyrighted objects and related right objects is not required. However, such registration is recommended. The certificate of registration of a copyrighted object or a related right object proves that:
i) the registered and deposited object is a copyrighted or related right object;
ii) the copyrighted or related right object has been created no later than the date specified in the certificate;
iii) the object is kept at the authorized agency for registration of copyrighted and related right objects, and can be compared with the opposed object, if necessary;
iv) the rights to the copyrighted or related right object belong to the individual/individuals specified in the certificate.
A certificate of registration of the rights to copyrighted or related right objects makes the fight against infringers easier. Also, such registration is very important in valuing a copyrighted or related right object, as it allows ascertaining the evaluated object by defining that it is complete. Valuation of copyright is necessary where the copyrighted or related right objects are used in commerce. Commercial use of copyrighted or related right objects may be not only in the form of a paid transfer of property rights, the right holder may also use copyrighted or related right objects as:
1) security for the initial and subsequent issue of shares;
2) contribution to the charter capital of a company, which allows to increase the size of the charter capital considerably;
3) copyrighted or related right objects may be credited to the balance sheet of a company and subsequently depreciated, may be pledged in order to borrow funds.
If instructed by our clients, we register and deposit copyrighted objects in Kazakhstan, the Russian Federation, the United States. We also provide legal advice in relation to such registration.
The scope of our services in the area of copyright and related rights includes:
1. Drafting and filing of applications for registration of objects of copyright and related rights;
2. Legal support in drafting copyright agreements and assignment agreements in relation to property rights;
3. Legal advice related to copyright and related rights;
4. Issue of memoranda, legal opinions in relation to copyright and related rights;
5. Representing clients in relation to protection of copyright and related rights.
.
Undisclosed information, including know-how
In Kazakhstan know-how is a form of intellectual property. This term is defined by the Civil Code of Kazakhstan as “trade secret,” and it is given the legal protection afforded to trade secrets.
Technology and scientific information is a result of intellectual creative work; often it is patentable or forms an important part of a patentable creation.
Know-how may be defined as the information that:
· has existing or potential commercial value because it is not known to third parties;
· is not legally accessible;
· its owner takes measures to keep it confidential.
The right to protection of know-how is valid for as long as the above features exist, i.e. the term of protection for a trade secret has the potential to last forever. Unlike trade secrets, patented objects are protected for a limited number of years.
Any information can be classified as a trade secret by its owner. However, by operation of law certain information cannot constitute an official or a trade secret, and it is excluded from commerce. This includes companies’ charters, by-laws, information regarding the rights to property and transaction therewith, national statistics records, information on the adverse environmental impact of business activities; information on any aspect of the company’s business which are subject to the state control, and certain other information defined by law.
How know-how is different from a patent:
- In theory, protection of know-how can be perpetual;
- Know-how may include information in any form that remains in commerce;
- There is no need and no requirement for the state registration of know-how.
Know-how cannot be part of the description of a patent of invention, as the latter must be published and must disclose the invention in details sufficient for it to be implemented.
The most common ways how a company can acquire know-how are: (i) it is created by the company’s employees; and (ii) it is transferred to a company under an agreement with a third party. A number of legal, technical and organizational steps need to be taken in order to establish the existence of know-how and protect it.
Like other IP objects, know-how can be evaluated, contributed to the charter capital of a company, entered in the accounting books, and even depreciated.
There are good reasons for each company to develop and implement a set of protection measures well in advance, because belated protection and reinstatement of rights will require considerably greater costs and is unlikely to ensure complete cure of infringement.
The scope of our services include:
1. Legal support in relation to development of a set of measures designed for protection of undisclosed information, including know-how.
2. Drafting of confidentiality agreements;
3. Drafting of agreements concerning the assignment of undisclosed information, including know-how.
4. Legal advice on the protection of undisclosed information, including know-how.
We strive to handle all domain name related issues as to acquisition, maintenance and protection of domain names, including conflicts between the rights over a trademark and a domain name.
We work with the Kazakh Network Information Centre (KazNIC), which is in charge of managing .KZ country-code top level domains. KazNIC is ICANN-accredited national domain name Administrator.
Where someone else’s trademark is used in a domain name, KazNIC may cancel the registration of the domain name by a court decision exclusively.
Before the dispute is resolved in court, KazNIC may put the disputed domain name on hold provided its owner produces the following documents:
- The original or a notarized copy of the certificate of registration of a trademark that is identical to a second level domain (without .KZ), with the earlier priority date than the domain name. The copy may not be older than six months;
- A copy of a Cease and Desist letter forwarded to the owner of the domain name and a document evidencing the dispatch of the letter (by courier or registered mail) and a receipt thereof by the owner of the domain name.
Our services include:
- Assistance in registration of a domain name;
- Maintenance of domain names;
- Providing of DNS-servers for meeting the local presence requirement
- Legal support in disputes related to domain names;
- Domain name Cease and Desist campaigns;
- Domain name and web-site transactions;
- Legal advice on domain names regulation;
- Legal search of domain name and its owner.
If your company has a website or is planning to create one, it is never late to conduct its legal audit.
What is a legal audit of a website for?
Any website normally contains general information on its contents, its owner or user, information on goods and services offered by a company, promotional material and other information. In fact, any of such information may relate or contain or deal with rights and interests, including the copyright, rights to a trademark, etc. Such rights may, however, belong to either your company or to third parties.
The rights and interests should be duly protected from possible infringements. In order to protect your company’s rights certain measures should be taken, for example, you can register your rights (including those to intellectual property), you can place a warning of existing rights, and take measures to protect rights, etc.
If the published information relates or contains the rights of third parties, it is possible that it is used in violation of third parties’ rights.
Alternatively, information published on a website may contain data that is contrary to, or not in conformity with, the requirements of, or prohibited by, the legislation of the Republic of Kazakhstan, for example, by the law on advertising or the law on languages.
Even at the stage of creation of a website when choosing a domain name the rights of third parties might be violated, for example, the right to a trademark which has been included into the domain name without consent of the trademark’s owner.
A legal audit of a website is necessary in order to protect your rights and interests, prevent possible conflicts with third parties or state agencies which may charge penalties for the breach of the legislation of the Republic of Kazakhstan.
A website legal audit will allow:
1. to analyze the content of a website and discover areas of concern;
2. to find solutions and correction to existing conflicts;
3. to register and protect your rights from infringements;
4. to avoid possible claims and disputes with third parties, including state authorities;
5. to take necessary measures to minimize or eliminate the risk of third parties claims against the company in connection with infringement of their rights.
We recommend conducting a legal audit of a website at any stage of its existence. However the earlier the flaws of your website are detected, the lesser is the risk of conflict with third parties and state agencies.
It is important to note that even though the website legal audit will not exclude all possible risks of claims, it will clearly minimize such risks.
Accordingly, we offer to check your company’s website for:
- conformity with the legislation of the Republic of Kazakhstan;
- security and predictability of your rights;
- possible infringements of third parties’ rights.
We offer services in relation to registration, protection and patenting of industrial property relating to all fields of science and technology in Kazakhstan and other countries. Your initial consultation is free.
Our patent-related services include any kind of patent searches in the databases of the Committee for Intellectual Property Rights, Republican Scientific-Technical Library (RSTL) both independently and through engaged outside specialists.
Based on the search results we prepare reports and recommendations, issue opinions as to protectability of inventions, industrial designs and utility models, which often serve as the basis for preparation of application materials and documents required as part of applications for registration.
Patent searches are conducted depending on the goals set:
- search for patent clarity of an object;
- search for prior art;
- subject (topic) search;
- search of patents by names of patent holders;
- novelty searches;
- search of Kazakhstani equivalents for patents of other countries.
In addition, our specialists:
- selecti patents which might be found related to objects under search (in Kazakhstan databases of titles of protection as well as in databases of other countries);
- provide copies of patents materials requested by the client;
- prepare analysis of the search results.
We offer the following trademark searches:
- searches as to identity and similarity of marks (signs) in the databases of the registered trademarks and trademark applications by filing requests with the National Institute of Intellectual Property (hereinafter, the “Institute”). The Institute issue search report within a month or month and half;
- searches as to identity and similarity of marks (signs) in the databases of the registered trademarks and trademark applications published in official bulletins and in database of international trademarks of the World Intellectual Property Organization. The report will not include trademark applications and registered but not published trademarks. Such search can be done within 2-3 days after receiving instructions from the client;
- searches as to existence of trademarks registered in the name of a certain entity (search by name of a trademark owner) in the database of registered trademarks, published in official bulletins and in the database of international trademarks of the World Intellectual Property Organization. The report will not include trademark applications and registered but not published trademarks. Such search can be done within 2-3 days after receiving instructions from the client.
We also offer monitoring/follow up services of registered and published trademarks by classes of International Classification of Goods and Services, by names of owners, marks depending on the client’s instructions and can issue regular reports on the published trademarks.
When preparing our opinions on registrability of a sign, we take into account the wording and sound of the relevant sign in the Kazakh and Russian languages and identify any potential negative associations, connotations and other features.
Assignment & License Agreements
Exclusive rights to an IP object can be assigned by its right holder, whether in full or in part, to a third party.
Under a license agreement, the right holder (licensor) grants to a third party (licensee) the right to use an IP object.
Under current legislation of the Republic of Kazakhstan there are two main types of license for IP objects:
1) a simple non-exclusive license under which the right holder retains the right to use the IP object and may license it to third parties;
2) an exclusive license under which the right holder retains the right to use the IP object, but may not license it to any third party;
The licensee may enter into a sub-license agreement only if it is permitted by the relevant license agreement.
In case of IP objects (inventions, trademarks, etc.), the like of which must be registered for the title to emerge assignment and license agreements must be registered with the authorized agency (the Committee). Failure to register an assignment agreement or a license agreement may lead to their invalidity.
For certain IP objects, the legislation establishes specific requirements for license agreements. For example, the license agreement for use of a trademark must stipulate that the quality of goods/products manufactured by the licensee may not be inferior to those produced by the licensor, and that the licensor may control the compliance with that requirement.
In addition, there are certain restrictions in relation to assignment of rights. For example, the assignment of rights to a trademark is prohibited when it can be misleading as to goods or its producer.
Franchise Agreement
Under a franchise agreement, one party (franchisor) undertakes to grant a package of exclusive rights to the other party (franchisee) for a fee, franchisor takes control over the activity of franchisee and assists franchisee in his activity.
According to the Civil Code of the Republic of Kazakhstan, under a franchise agreement, the franchisor is expected to transfer the right to use its trade name and commercial information and other exclusive rights, for example, to trademarks.
Where the right to a trademark or invention, utility model or industrial design is transferred, such objects must be registered and legally protected in the Republic Kazakhstan. Otherwise, they may not be transferred under a franchise agreement.
The franchise agreement is used in a particular sphere of business. The territory of use may be either limited or not specified. The franchise agreement may be made for a fixed or indefinite term. Information related to a package of exclusive rights to be granted by a franchisor to a franchisee should be provided prior to entering into a franchise agreement.
The franchise agreement must be in writing. No state registration of the franchise agreement is required. However, a licence agreement for the use of an invention, utility model, industrial design, trademark and selection achievements must be registered with the Committee.
Failure to comply with the registration of assignment of rights may result in invalidation of the provisions of the franchise agreement dealing with the transfer of rights to use the said IP objects.
A fee under a franchise agreement may be payable by the franchisee in the form of:
- a fixed one-off payment or periodic payments (with the most common being a fixed initial payment effected immediately after entering into the agreement with further payments of a certain percentage of the total sales of goods, services or works (royalty);
- deductions from proceeds, mark-ups on the wholesale price of goods transferred by the franchisor for resale; or
- in any other form.
Sales proceeds, fees (including a fee payable under the franchise agreement), and royalty are subject to income tax. However, in a number of cases of royalty payment, the income tax may be decreased and not to exceed 10 per cent for some countries with which Kazakhstan has a double tax treaty.
We offer the following services related to assignment and license agreements:
1. Drafting of franchising agreements, other assignment and license agreements;
2. Drafting, filing and follow up of applications for registration of agreements;
3. Legal advice in relation to the rights to IP objects assigned under an agreement;
4. Drafting of memorandums, legal opinions on conformity of agreements with the requirements of the legislation of the Republic of Kazakhstan.
5. Legal assistance in regulation of disputes related to above agreements in court and out-of-court procedures.
In Kazakhstan the rights to IP objects 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 of 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 agencies;
- The Agency for Regulation of Natural Monopolies of the Republic of Kazakhstan;
- customs bodies;
- specialized administrative courts.
The criminal law procedure requires filing of motions and actions with:
- the finance police;
- agencies of internal affairs.
The scope of our services in the area of IP protection includes:
1. Drafting and servicing warning letters on infringement of rights;
2. Drafting, filing with the law enforcement agencies and further follow up in connection with actions against infringement of IP rights;
3. Participation in spot-checks organized by the law enforcement agencies;
4. Drafting of papers for civil proceedings, including: statement of claims, motions, oppositions, petitions, appeals, requests and applications);
5. Defending clients’ interests in courts of all levels, including the Supreme Court of the Republic of Kazakhstan;
6. Legal advice in relation to the IP protection ;
7. Issue of legal opinions, expert statements related to protection of IP rights;
8. Participation in court proceedings as experts on IP protection.
English translation of legal acts may be outdated.
|
|
|
|
|