Article 15. Violation of the exclusive right of the patent holder of the Patent Law of the Republic of Kazakhstan

Home / RLA / Article 15. Violation of the exclusive right of the patent holder of the Patent Law of the Republic of Kazakhstan

1. Any person who uses a protected object of industrial property in contradiction with this Law shall be considered a violator of the exclusive right of the patent owner (violator of the security document).

The unauthorized manufacture, use, import, storage, offer for sale, sale and other introduction into civil circulation of a product created using a protected object of industrial property, as well as the application of a protected method or the introduction into civil circulation of a product manufactured directly by a protected method, is recognized as a violation of the exclusive right of the patent holder (violation of a security document). In this case, a new product is considered to have been obtained by a protected method in the absence of evidence to the contrary.

2. The patent holder has the right to demand:

1) termination of the violation of the security document;

2) compensation by the violator for damages and compensation for moral damage from the date of the first publication of information on the issuance of a security document;

3) recovery of income received by the violator of the security document, instead of compensation for losses from the date of the first publication of information on the issuance of the security document;

4) payment of compensation by the violator of the security document in the amount of ten to fifty thousand monthly calculation indices established by law. The amount of compensation is determined by the court instead of compensation for losses or recovery of income;

5) seizures in their favor of products introduced into civil circulation or stored for this purpose, and recognized as violating the security document, as well as funds specifically designed to violate the security document from the date of the first publication of information on the issuance of the security document;

6) mandatory publication of the violation, including information about who owns the violated right.

3. Claims against the violator of the security document may also be declared by the licensee, if this is provided for in the license agreement.

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

President

Republic of Kazakhstan

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