LAW No. 427 of 16th JULY 1999 OF THE REPUBLIC OF KAZAKHSTAN PATENT LAW OF THE REPUBLIC OF KAZAKHSTAN

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AMENDMENTS AND ADDITIONS INTRODUCED BY:

1)  Law No. 586 of 9th July 2004 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Intellectual Property.  (Articles:  1, 3, 4 replaced, 4-1 introduced, 5, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 35, 36 replaced, 37).  Effective 25th July 2004; 
	2)  Law No. 90 of 22nd November 2005 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Intellectual Property Rights.  (Articles:  35 replaced, 36).  Effective date n/a;
	3)  Law No. 237 of 2nd March 2007 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Intellectual Property.  (Articles:  1 replaced, 5, 6, 13, 16, 17, 18, 19, 21, 22, 22-1 introduced, 23, 24 replaced, 26).  Effective date n/a; 
	4) Law No. 179 of 10th July 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Intellectual Property. (Articles:  10 replaced, 34); 
	5)  Law No. 452 of 5th July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Revision of the Competence of Authorised State Bodies and of the Government of the Republic of Kazakhstan to Pass Regulatory Legal Acts establishing Requirements to Audited Entities. (Article 4). Effective date n/a; 
	6)  Law No. 537-IV of 12th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Intellectual Property. (Articles: 4-1, 5, 6, 8, 9, 11 replaced, 12, 14, 16, 17, 18, 19, 20, 22, 22-1, 23, 24, 26, 32 replaced, 32-1 introduced, 32-2 introduced, 35, 36 replaced, 36-1 introduced, 36-2 introduced). Effective date n/a; 
	7)  Law No. 34-V of 10th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Matters of State Monopoly. (Articles: 1, 4-1 replaced and 35 replaced). Effective date n/a; 
8) Law No. 239 of 29th September 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Delimitation of Powers Among the State Administration Levels. (Articles: 4-1, 5, 9). Effective date n/a; 
9) Law No. 300 of 7th April 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Legal Regulation of the Sphere of Intellectual Property. (Articles: 1, 4-1, 5, 7, 8, 9, 10, 11, 13, 14, 16, 18, 19, 21, 22, 22-1 repealed, 23, 24, 26, 30, 31, 32, 36-1). Effective date n/a; 
10) Law No. 365 of 27th October 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan  in Connection With the Entering into the World Trade Organization. (Articles: 11, 12). Effective date n/a; 
11) Law No. 378 of 31st October 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of  Kazakhstan on Issues of the Improvement of the Administration of Justice System.  (Articles: 32,33). Effective January 1, 2016;
12) Law No. 382 of 31st October 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Commercialization of the Results of Scientific and (or) Scientific and Technical Activities. (Article 10). Effective date n/a; 
13) Law No. 161 of 20th June 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of Legislation in the Sphere of Intellectual Property. (Articles: 4, 4-1 replaced, 5, 8, 9, 11, 11-1 introduced, 14 replaced, 14-1 introduced, 14-2 introduced, 16, 17, 18, 19, 22, 23, 24, 25 replaced, 29, 30, 32 replaced, 32-2 replaced, 32-3 introduced, 32-4 introduced, 33, 35 replaced, 36, 36-2, 37 replaced, 38). Effective date n/a; and
14) Law No. 217 of 21st January 2019 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Strengthening of the Protection of Ownership Rights, Arbitration, Optimization of Court Load and Further Humanization of Criminal Legislation. (Article 33). Effective date n/a.

	The following general definitions are used in this Law:

	1) exclusive right — a property right of the holder of the patent to use the industrial property item by any way at own discretion;

	2) bulletin — an official periodical edition on issues of protection of industrial property items;

	2-1) Eurasian application – an application submitted in accordance with the Eurasian Patent Convention of 9 September 1994; 

2-2) Eurasian patent – a patent issued in accordance with the Eurasian Patent Convention dated 9th September 1994;

	3) intellectual property items — results of intellectual activities and individualization means of participants in civil turnover, goods, work and services;

4) protective documents – patents to inventions, industrial design and utility models issued in accordance with this Law;

	6) licence agreement — an agreement under which the holder of the patent (licenser) grants to the other party (licensee) a right to use temporarily the appropriate industrial property item in a certain may;

	7) industrial property items — inventions, useful models and industrial samples;

7-1) service items of industrial property – inventions, utility models, industrial design created by an employee due to service duties or under a certain task from the employer;

	8) Paris Convention — the Paris Convention on Industrial Property Protection dated 20th March 1883 with further amendments and additions;

	9) holder of the patent — the owner of the document of title;

	10) patentability terms — terms of granting to industrial property items of legal protection as stipulated by this Law;

	11) patented industrial property items — industrial property items for which documents of title are issued;

	12) patent attorneys — citizens of the Republic of Kazakhstan who are granted in accordance with the legislation of the Republic of Kazakhstan a right to represent physical persons and legal entities before the authorised body and expert organization;

	13)  international application – an application submitted in accordance with the Agreement on Patent Cooperation of 19 June 1970. 

	1.  The present Law shall regulate the property as well as non-property relations related therewith, arising in connection with the creation of legal protection and use of items of industrial property.

	2.  Protection of other items of intellectual property (selection achievements, topologies of integrated circuits, trademarks, service marks, names of places of origin of goods and others) shall be regulated by other legislative acts.

	1.  Provisions of the present Law shall apply to items of industrial property, protection documents thereon are issued by the authorised body, as well as to items of industrial property on which patents are issued on the basis of international treaties to which the Republic of Kazakhstan is a party.

	2.  When international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in the present Law, the rules of the international treaty shall apply.

	1.  The authorised state body in the sphere of the protection of inventions, useful models, industrial samples (henceforth — the authorised body) — a state body appointed by the Government of the Republic of Kazakhstan and carrying out the state regulation in the sphere of protecting inventions, useful models, industrial samples.

2.  The scope of the authorised body shall be as follows:

1)  the participation in the implementation of the state policy in the sphere of the legal protection of items of industrial property;

2) elaboration and approval as follows: 
	rules for conducting expert examination of applications for items of industrial property; 
	rules for registering items of industrial property in the State Register of Inventions, State Register of Utility Models, State Register of Industrial Design and for issuing protection documents and their duplicates, pronouncing invalid and early terminating the effect of patents; 
	rules for registering in appropriate state registers of transfers of exclusive rights, grants of rights to use items of industrial property, open or compulsory licenses; 
	rules for providing excerpts from appropriate state registers; 
	rules for examining objections by the appellate council; 
	rules for examining applications for items of industrial property in accordance with the international treaties ratified by the Republic of Kazakhstan; [i
	regulations concerning the attestation commission;
	regulations concerning the appellate council;
	regulations concerning the appellate commission;

3) determination of the procedure for publishing in the bulletins of information pertaining to the registration of items of industrial property;

4) conducting the attestation of candidates for patent agents and their registration in the register of patent agents;

5) organization of activity of the attestation commission, appellate council and appellate commission;

6) performance of other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

1. The expert organization established under the decision of the Government of the Republic of Kazakhstan in the organizational legal for of a republic’s state-owned enterprise on the right of business authority, subordinated in its own activity to the authorized body, shall:

1) conduct expert examination of applications for items of industrial property;

2) register items of industrial property in appropriate state registers and issue protection documents and their duplicates, pronounce invalid and early terminate the effect of patents;

3) register in appropriate state registers transfers of exclusive rights, grants of rights to use items of industrial property, open or compulsory licenses;

4) keep appropriate state registers, the bulletin and place them in own internet resource;

5) provide excerpts from appropriate state registers;

6) publish in the bulletin information pertaining to the registration of items of industrial property;

7) conduct searching information about registered items of industrial property on the basis of petitions from concerned persons;

8) examine applications for items of industrial property in accordance with the international treaties ratified by the Republic of Kazakhstan;

9) perform other kinds of activity not prohibited by the legislation of the Republic of Kazakhstan.

2. upon agreement with the authorized body, the expert organization shall approve prices of the services in the sphere of protection of items of industrial property, providing for the complete compensation of costs incurred by the said organization to render them, its breakeven activity and financing at the expense of own income.

1.  Rights to an invention, utility model and industrial design shall be protected by patents.

	2. The patent for the useful model shall be issued according to results of the expert examination of the application for issue of a patent for the useful model.