Article 14. Granting the right to use an object of industrial property of the Patent Law of the Republic of Kazakhstan

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1. Any person who is not a patent owner (licensee) has the right to use a protected industrial property object with the permission of the patent owner (licensor) on the basis of a license agreement, a comprehensive business license agreement, or another agreement with the licensor that includes the terms of the license agreement (license agreement).

2. A license agreement may provide for the licensor to grant the licensee the right to use an object of industrial property.:

1) while retaining the licensor's ability to use it and the right to grant licenses to other persons (a simple, non-exclusive license);

2) with the licensor retaining the right to use it, but without the right to issue a license to other persons (the only license);

3) without the licensor retaining the right to use it and without the right to grant a license to other persons (exclusive license).

If the terms of use are not specified in the license agreement, the right to use the object of industrial property is granted under the terms of a simple, non-exclusive license.

The licensee has the right to use the object of industrial property throughout the territory of the Republic of Kazakhstan, unless otherwise provided in the license agreement.

The term of validity of the right to use an industrial property object is defined in the license agreement and may be extended by mutual agreement of the parties.

If the term is not specified in the license agreement, the validity period of the right to use the object of industrial property is five years from the date of registration of this agreement.

Termination of the exclusive right to an object of industrial property entails termination of the license agreement.

The licensee has the right to transfer to another person (the sublicensee) the right to use an object of industrial property on the basis of a sublicense agreement or a comprehensive business sublicense agreement, subject to the terms of the license agreement. The licensee is responsible to the licensor for the actions of the sublicensee, unless otherwise provided in the license agreement.

The transfer of the exclusive right to an object of industrial property to another person does not entail the termination of the license agreement.

3. Agreements on granting the right to use an object of industrial property and additional agreements are concluded in writing and are subject to registration in the relevant state register.

The footnote. Article 14 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).

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

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