Article 11. The exclusive right to use an object of industrial property and the conditions for issuing a compulsory non-exclusive license Chapter 4. The exclusive right to use an object of industrial property of the Patent Law of the Republic of Kazakhstan

      The footnote. Title of Article 11 as amended by the Law of the Republic of Kazakhstan dated 06/20/2018 No. 161-VI (effective ten calendar days after the date of its first official publication).

     1. The patent owner has the exclusive right to use the protected object of industrial property at his discretion.

     The exclusive right to use protected industrial property objects is exercised by the patent holder during the period of validity of the security document starting from the date of publication in the official gazette of information on the issuance of this security document.

     2. The use of an object of industrial property is recognized as the manufacture, application, importation, offer for sale, sale, other introduction into civil circulation or storage for this purpose of a product containing a protected object of industrial property, as well as the use of a protected method.

     A product is recognized as containing a protected invention or utility model, and a protected method is recognized as applicable if the product contains, and the method uses, each feature of the invention or utility model listed in an independent claim, or an equivalent feature known as such in the field of technology at the date of commencement of use.

     The use of a protected method of obtaining a product is recognized as the introduction into civil circulation or storage for this purpose of a product manufactured directly by this method.

     A product is recognized as containing a protected industrial design if it contains all its essential features shown in the appearance images.

     3. The patent holder is obliged to use the object of industrial property.

     The relationship between the use of an industrial property object, the security document for which belongs to several persons, is determined by an agreement between them. In the absence of such an agreement, each of the patent holders may use the protected object at his discretion, but may not grant a license for it or assign a security document to another person without the consent of the other patent holders.

     The patent holder may use a warning label indicating that the applied industrial property is patented.

     4. If the patent owner fails to use the object of industrial property and refuses to conclude a license agreement on acceptable commercial terms within ninety calendar days from the date of the request, any person has the right to apply to the court for a compulsory non-exclusive license if the object of industrial property has not been continuously used after the first publication of information on the issuance of a security document for the object of industrial property during any three years preceding the date of filing such an application. If the patent holder does not prove that the non-use is due to legitimate reasons, the court grants the specified license with a definition of the limits of use, terms, amount and order of payments. The amount of payments must be set at least below the market price of the license, determined in accordance with established practice.

     A compulsory non-exclusive license is also issued in the following cases::

     1) the need to ensure national security or public health protection;

     2) the patent holder's abuse of his exclusive rights, facilitating or not preventing the abuse of such exclusive rights by another person with his consent.

     The granting, in accordance with the provisions of this paragraph, of a compulsory non-exclusive license for the use of an invention related to semiconductor technology is permitted solely for its non-commercial use in the state and public interests or to amend a provision that has been adjudicated as violating the requirements of the legislation of the Republic of Kazakhstan in the field of competition protection.

     Any compulsory non-exclusive license must be issued primarily to meet the needs of the domestic market of the Republic of Kazakhstan, except in cases where such a license is requested for a medicinal product or a manufacturing process for the purpose of exporting a patented medicinal product or a medicinal product obtained through a patented process to a territory where there are no or insufficient production facilities, in accordance with international treaties, ratified by the Republic of Kazakhstan.

     The right to use the specified object of industrial property may be transferred by a person who has been granted a compulsory non-exclusive license to another person only in conjunction with the relevant production facility in which this object is used.

     A compulsory non-exclusive license is subject to cancellation by a court in the event of termination of the circumstances that caused its issuance.

     5. A patent holder who cannot use an object of industrial property without violating the rights of the holder of another security document for the object of industrial property, who refused to conclude a license agreement on acceptable commercial terms, has the right to apply to the court for a compulsory non-exclusive license to use the object of industrial property in the territory of the Republic of Kazakhstan.

     If the patent holder, who cannot use the object of industrial property without violating the rights of the holder of another security document, proves that his industrial property represents an important technical achievement and is of great economic importance to the object of industrial property of the holder of another security document, the court may decide to grant him a compulsory non-exclusive license.

     When granting the specified license, the court must determine the limits of use of the object of industrial property, the security document for which belongs to another person, the terms, amount and procedure of payments. The amount of payments must be set at least below the market price of the license, determined in accordance with established practice.

     The right to use an object of industrial property obtained on the basis of this paragraph may be transferred only together with the assignment of a security document to the object of industrial property in connection with which this right was granted.

     If a compulsory license is granted in accordance with this paragraph, the holder of a patent for a security document, the right to use which is granted on the basis of the specified license, also has the right to obtain a license to use the dependent invention in connection with which the compulsory license was issued.

     6. Excluded by the Law of the Republic of Kazakhstan dated 06/20/2018 No. 161-VI (effective ten calendar days after the date of its first official publication).       7. Excluded by the Law of the Republic of Kazakhstan dated 06/20/2018 No. 161-VI (effective ten calendar days after the date of its first official publication).       8. Excluded by the Law of the Republic of Kazakhstan dated 06/20/2018 No. 161-VI (effective ten calendar days after the date of its first official publication).       9. Excluded by the Law of the Republic of Kazakhstan dated 06/20/2018 No. 161-VI (effective ten calendar days after the date of its first official publication).       10. Excluded by the Law of the Republic of Kazakhstan dated 06/20/2018 No. 161-VI (effective ten calendar days after the date of its first official publication).       11. Excluded by the Law of the Republic of Kazakhstan dated 06/20/2018 No. 161-VI (effective ten calendar days after the date of its first official publication).       12. Excluded by the Law of the Republic of Kazakhstan dated 06/20/2018 No. 161-VI (effective ten calendar days after the date of its first official publication).       13. Excluded by the Law of the Republic of Kazakhstan dated 06/20/2018 No. 161-VI (effective ten calendar days after the date of its first official publication).  

     14. The security document for an object of industrial property and (or) the right to receive it are inherited or in the order of succession.

     15. The patent owner is obliged to pay annually for the maintenance of the security document in force on the date corresponding to the filing date of the application.

     The first payment for the maintenance of the security document in force is made within two months from the date of publication of information on the issuance of the security document and includes payment for previous years, starting from the date of filing the application.

     16. The amounts of fees for maintaining the Eurasian patent in force on the territory of the Republic of Kazakhstan are established by the authorized body.

The Law of the Republic of Kazakhstan dated July 16, 1999 No. 427.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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