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Legislative Implementation of Flexibilities - Kazakhstan

Title:Articles 4 (4-5) and Section 14 (6) of the Patent Law No. 427 of 16/07/1999
Field of IP:Patents
Type of flexibility:Compulsory licenses and government use
Summary table:PDF

Provisions of Law

4) Where the patent owner has failed to continuously use the invention within four years following the date of first publication of the particulars of the patent grant and has declined an offer to conclude a license contract on commercially acceptable terms, any person may file an appeal with the court requesting the grant of a compulsory nonexclusive license. If the patent owner fails to furnish proof to the effect that non-use of the invention is justified by reasonable grounds, the court shall grant the said license and shall determine the time limits of the use, the amount and terms of payment. The amount of payment shall not be lower than the market value of the license to be determined in accordance with the established practice. Any compulsory license shall be primarily granted in order to satisfy the requirements of internal market in the Republic of Kazakhstan. The person to whom a compulsory license was granted may assign the right to use the invention to another person only together with the enterprise that uses the invention. The court may decide to revoke a compulsory license if the grounds leading to the grant thereof no longer exist.

5) The patent owner who cannot use the industrial property subject matter without infringing the rights of the owner of another title of protection for the industrial property subject matter who has declined an offer to conclude a license contract on commercially acceptable terms, shall have the right to file an appeal with the court requesting the grant of a compulsory non-exclusive license to use the industrial property subject matter in the territory of the Republic of Kazakhstan. When the said compulsory license is granted, the court shall determine the scope of use of the industrial property subject matter the title of protection for which belongs to another person, the time limits of the use, the amount and terms of payment. The amount of payment shall not be lower than the market value of the license to be determined in accordance with the established practice. The right to use the industrial property subject matter acquired on the basis of this provision may be assigned only together with the title of protection granted for that industrial property subject matter.

Article 14

(…)6) The Government of the Republic of Kazakhstan may authorize the use of the protected industrial property subject matter without the consent of the patent owner in cases of national emergency and other force majeure situations provided that the owner is immediately informed and is paid a commensurate compensation. Any dispute relating to the amount of compensation shall be settled by court.

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