Article 13. The right of pre-use and temporary legal protection of the Patent Law of the Republic of Kazakhstan

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1. A person who, prior to the priority date of an object of industrial property, has used in good faith in the territory of the Republic of Kazakhstan a solution created independently of the author that is identical to the object of industrial property or has made the necessary preparations for it, retains the right to its gratuitous use without expanding the scope of such use (the right of prior use).

The right of pre-use may be transferred to another person only in conjunction with a production facility where an identical solution has been used or the necessary preparations have been made.

2. A person who has started using an object of industrial property after the priority date, but before the date of publication of information on the grant of a patent for an invention, industrial design or utility model, is obliged, at the request of the patent owner, to terminate further use. However, such a person is not obligated to compensate the patent owner for the losses incurred by him as a result of such use.

3. An industrial property object placed as an exhibit at an official or officially recognized international exhibition is granted temporary legal protection from the date of its placement at the exhibition until the date of the first publication of information on the issuance of a security document, provided that the application for this object is filed no later than six months from the date of its placement at the exhibition.

4. A person using an object of industrial property during the period specified in paragraph 3 of this Article shall pay monetary compensation to the patent owner after the issuance of the security document. The amount of compensation is determined by agreement of the parties.

The parties may end the case with a settlement agreement or an agreement on the settlement of a dispute (conflict) through mediation, which are signed by the parties and approved by the court.

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

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