IP/C/W/620  
 
27 January  2017 
(17-0565) Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
REVIEW OF LEGISLATIO N 
QUESTIONS POSED BY S WITZERLAND TO KAZAKH STAN  
By means of a communication  from the delegation of Switzerland, dated 14 December 2016 , the 
Secretariat has received questions posed by Switzerland to Kazakhstan.  
 
_______________  
 
 
1  GENERAL  
1. Are the provisions of the TRIPS Agreement, as far as not implemented in national law, 
directly applicable in the legal system of Kazakhstan?  
 
2  PATENTS  
2. Does the legislation of Kazakhstan grant patent protection for inventions relating to products 
and proces ses in all fields of technology? Are there any exceptions? If yes, please indicate these 
exceptions and explain how they comply with Article 27 of the TRIPS Agreement.  
 
3. Does the legislation of Kazakhstan, in accordance with Article 27.1 in combination with  
Article 31 of the TRIPS Agreement, consider importation as "working " a patent and therefore 
preclude compulsory licensing, if a product is being imported?  
 
4. Does the legislation of Kazakhstan make the granting of a compulsory license subject to all 
the con ditions enumerated in Article 31 TRIPS of the TRIPS Agreement? Please cite the relevant 
provisions of the legislation.  
 
5. Does the legislation of Kazakhstan provide for the principle of the reversal of burden of proof 
in patent litigation? Please cite the re levant provisions of the legislation.  
 
3  PROTECTION OF UNDISC LOSED INFORMATION  
6. Please explain in detail if the legislation of Kazakhstan ensures that undisclosed test or other 
data submitted by an applicant to the responsible State agency in the procedure fo r market 
authorisation of a pharmaceutical or of an agricultural chemical product is protected against 
disclosure and against unfair commercial use by a competitor, for example by prohibiting a second 
applicant from relying on, or from referring to the ori ginal data of the first applicant, when 
applying subsequently for market authorisation for their own product.  
 
7. Does your legislation provide for exceptions to this protection of undisclosed information? If 
so, please explain under what conditions would suc h exceptions apply?  
 
8. Does your legislation provide for a specific term of protection for such undisclosed test data?  
 IP/C/W/620  
 
- 2 - 
 
  4  PROVISIONAL MEASURES  
9. Do the judicial authorities of Kazakhstan have the authority to adopt, on the request of a 
right holder, a provisiona l measure inaudita altera parte  before an action leading to a decision on 
the merits of the case has been lodged? Please cite the relevant provisions of the legislation.  
 
10. Does the legislation of Kazakhstan provide for any restrictions for obtaining provisi onal 
measures?  If so, what are these restrictions? Please cite the relevant provisions of the legislation.  
 
11. Please describe the provisional measures provided for in the legislation of Kazakhstan, 
including those for combatting counterfeiting and piracy. Pl ease describe the procedures that must 
be followed and cite the relevant provisions of legislation.  
 
12. Please describe the measures provided by the legislation of Kazakhstan to combat 
counterfeiting and piracy at the border. Please explain whether the compet ent authorities are 
empowered to act ex officio  and, if so, please indicate the enforcement actions that may be taken. 
Please cite the relevant provisions of the legislation.  
 
5  ENFORCEMENT OF INTEL LECTUAL PROPERTY RIG HTS 
13. Please describe how the legislation of Kazakhstan meets the requirements of Article 41 
TRIPS Agreement. Please cite the relevant provisions.  
 
14. Please indicate the authorities responsible for the application of the measures provided by 
the legislation of Kazakhstan to combat counterfeiting and  piracy. Please explain whether the 
competent authorities are empowered to act ex officio  and, if so, please indicate the enforcement 
actions that may be taken. Please cite the relevant provisions of the legislation.  
 
15. Please describe any new initiatives th at are planned to improve the enforcement of 
intellectual property rights in your country. Is there a particular action plan in place?  
 
 
__________