25.08.2017

The Intellectual Property and Antitrust Review 2017: Kazakhstan

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GRATA International Kazakhstan office experts became the contributors of the 2017 edition of The Law Reviews Guide to The Intellectual Property and Antitrust Review 2017 Kazakhstan.

INTRODUCTION

The issues of competition and intellectual property are closely interrelated in Kazakhstani law. This interaction is traced through cross-provisions in the main regulatory acts - the Civil Code of the Republic of Kazakhstan, the Entrepreneurial Code of the Republic of Kazakhstan (EC), and special laws regulating issues in the area of intellectual property.

The Civil Code establishes general issues of regulation in the area of intellectual property (IP) and general principles for securing exclusive rights to IP objects. For issues that require more detailed regulation, the Civil Code refers to special legislative acts defining types of IP objects and terms for protection of the rights to those IP objects. In addition, the Civil Code prohibits the abuse of business freedom, and restriction of competition (Article 11); contains certain allowable and unacceptable conditions for franchising agreements; and provides for the nullity of, or challenge to, transactions that violate the requirements and prohibitions of legislation in the area of competition protection.

Firstly published in The Law Reviews Guide

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Authors: 

Saule Akhmetova

Timur Berekmoinov

Igor Lukin

GRATA International

Saule Akhmetova

Partner, Branch Director