IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts and Nevis |
United States of America |
30. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases of wilful infringement of other forms of intellectual property. Please describe any provisions of the laws of Saint Kitts and Nevis that provide for such procedures and remedies, citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts and Nevis |
United States of America |
31. Please provide statistical information related to civil copyright, trademark, geographical indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for 2000, including the number of cases filed; injunctions issued; infringing products seized; infringing equipment seized; cases resolved (including settlement); and the amount of damages awarded.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts and Nevis |
United States of America |
32. Please provide statistical information related to criminal enforcement in the area of copyright piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was actually served or was suspended) and any other information establishing that the criminal system operates effectively to deter copyright piracy and trademark counterfeiting.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts and Nevis |
United States of America |
21. Please describe in detail the manner in which the laws of Saint Kitts and Nevis provide for effective action against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
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Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts and Nevis |
United States of America |
22. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of evidence necessary to substantiate a party's claims where that party has been unable to obtain such evidence from the opposing party. Please describe how the laws or regulations of Saint Kitts and Nevis provide this authorization, citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts and Nevis |
United States of America |
23. Please describe in detail all of the civil remedies that are available to right holders under the laws of Saint Kitts and Nevis, citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts and Nevis |
United States of America |
24. Please describe in detail the provisional procedures and remedies available to right holders under the laws of Saint Kitts and Nevis, citing to the relevant provisions of law and regulation, and indicate any condition under which a right holder may avail itself of those procedures and remedies.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts and Nevis |
United States of America |
25. Please describe in detail the procedures under the laws of Saint Kitts and Nevis that provide for border enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent authority and citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts and Nevis |
United States of America |
26. Please indicate if border enforcement is available to owners of other forms of intellectual property and, if so, please describe the procedures and remedies available in relation to each form of intellectual property, citing the relevant provisions of law.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts and Nevis |
United States of America |
27. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent authorities can act ex officio. Please explain whether the competent authorities in Saint Kitts and Nevis are empowered to act ex officio and, if so, please identify the intellectual property areas subject to ex officio action.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts and Nevis |
United States of America |
28. Please describe in detail how the laws of Saint Kitts and Nevis implement Article 61 of the TRIPS Agreement that requires Members to have criminal procedures and penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and copyright infringement on a commercial scale. Please cite to the relevant provisions of law and regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts and Nevis |
United States of America |
29. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offence. Please describe the provisions in the laws of Saint Kitts and Nevis that provide for such remedies, and describe the circumstances in which those remedies would be imposed, citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts and Nevis |
United States of America |
30. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases of wilful infringement of other forms of intellectual property. Please describe any provisions of the laws of Saint Kitts and Nevis that provide for such procedures and remedies, citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 |
Kazakhstan |
Switzerland |
2. Does the legislation of Kazakhstan grant patent protection for inventions relating to products and processes 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.
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According to paragraph 1 of Article 6 of the Patent Law inventions shall be protected if they are new, involve an inventive step, and are capable of industrial application. Paragraph 2 of Article 6 of the Patent Law provides that patent protection shall be available to inventions in any field of technology whether products or processes as required by Article 27 of the TRIPS Agreement.
Exceptions are provided in paragraph 3 of Article 6 according to which the Patent Law does not recognize as inventions: (i) discoveries; (ii) scientific theories; (iii) mathematical methods; (iv) methods of economic organization and management; (v) symbols, schedules, and rules; (vi) rules and methods for mental activities; (vii) algorithms per se and computer programs; (viii) projects and plans of buildings and structures, and land development; (ix) proposals concerning solely the outward appearance of manufactured goods; and, (x) proposals that are contrary to the public order, humanitarian principles and morality.
At the same time, diagnostic, therapeutic and surgical methods can also be protected as inventions under the Article 6 criteria.
Abovementioned exceptions were discussed with the members during the process of Kazakhstan’s accession to the WTO and it was agreed that they comply with exceptions allowed under the Article 27 of the TRIPS Agreement.
|
09/08/2017 |
|
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 |
Kazakhstan |
Switzerland |
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?
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Paragraph 2 of Article 11 of the Patent Law stipulates the requirement that a patented invention be used, while "use" is defined as manufacturing, application, importation, offer for sale, sale, as well as other means of putting the industrial property into circulation, including storage in view of subsequent use. Therefore, in the case of importation of a patented product, non-use for the purpose of compulsory licensing cannot be established under Kazakhstan's Patent Law.
|
09/08/2017 |
|
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 |
Kazakhstan |
Switzerland |
4. Does the legislation of Kazakhstan make the granting of a compulsory license subject to all the conditions enumerated in Article 31 TRIPS of the TRIPS Agreement? Please cite the relevant provisions of the legislation.
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All the conditions enumerated in Article 31 of the TRIPS Agreement can be found in paragraphs 4 and 5 of Article 11 of the Patent Law of the Republic of Kazakhstan.
According to the abovementioned provisions, when the patentee does not use the industrial property object and refuses to conclude a licensing agreement on acceptable commercial terms within 90 calendar days from the day of request, any person have the right to apply to a court with a claim on being granted a compulsory non-exclusive license when the object of industrial property was not continuously used after the first publication of information on the issue of the protection document on the industrial property object during any three years preceding the date of submission of such claim.
If the patentee does not prove that the non-use is stipulated by good reasons, the court grant the indicated license with determination of limits of use, deadlines, amount and procedure for payments. The amount of payments is established not lower than the market price of the license as defined in accordance with the established practice.
Compulsory license in respect of an invention in the field of semi-conductor technology is only granted for public non-commercial use or where a judicial body has determined that the existing practice is in violation of anti-competitive legislation of the Republic of Kazakhstan and that the grant of compulsory license can remedy such practice.
Any compulsory license is issued in the first instance for providing for demands of the domestic market of the Republic of Kazakhstan, except when the compulsory license concerns a patent claiming a pharmaceutical product or a process to obtain a pharmaceutical product, and the purpose of the license is to export the patented product or the product manufactured by the patented process to a territory with no or insufficient manufacturing capacity, in accordance with international agreements, ratified by the Republic of Kazakhstan.
The right to use the indicated industrial property object may be assigned by the person to whom the compulsory license was granted to other person only together with the relevant production in which this item is used.
The compulsory license is subject to revocation by the court in the case of termination of the circumstances which were the reason for its issue.
The patentee who cannot use the object of industrial property without infringing the right of the holder of another patent who has refused to conclude a licensing agreement on acceptable commercial terms has the right to apply to the court with application claim on being granted a compulsory non-exclusive license to use the object of industrial property in the territory of the Republic of Kazakhstan.
If the patent holder who cannot use the object of industrial property without infringing the rights of the holder of another patent proves that his industrial property object represents an important technical advance and has a considerable economic significance in relation to the object of industrial property of another patent, the court may decide to grant him a compulsory license.
When granting the indicated license the court determines the limits of use of the object of industrial property the patent on which belongs to other person, deadlines, amount and procedure for payments. In this respect, the amount of payments is established not lower than the market price of the license as defined in accordance with the established practice.
The right to use the object of industrial property obtained on the basis of the present paragraph may be assigned only with the assignment of the protection document on this object of industrial property in connection therewith this right is granted.
In the case of granting in accordance with this paragraph of a compulsory license to the patent holder of protection document the right to use on which was granted on the basis of indicated license will also have a right to receive a license to use the dependent invention in connection therewith compulsory license was granted.
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09/08/2017 |
|
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 |
Kazakhstan |
Switzerland |
5. Does the legislation of Kazakhstan provide for the principle of the reversal of burden of proof in patent litigation? Please cite the relevant provisions of the legislation.
|
With regard to reversal of the burden of proof in civil proceedings concerning the infringement of process patents, it must be mentioned that the requirements of Article 34 of the WTO TRIPS Agreement are not covered by the Patent Law, but contained in Article 65 of the Civil Procedure Code, which stipulates that each party is responsible for providing proof for its own claims and statements. Other parties involved in the process can also provide evidence.
|
09/08/2017 |
|
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 |
Kazakhstan |
Switzerland |
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 for market authorization 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 original data of the first applicant, when applying subsequently for market authorization for their own product.
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According to paragraph 19 of Article 71 of the Code of the Republic of Kazakhstan "On People's Health and Healthcare System" of 18 September 2009 (further – the Health Code) State Expert Organization as well as state body in the field of circulation of pharmaceutical products, medical devices and equipment shall not be allowed without consent of the applicant to disclose and use with commercial purpose of undisclosed information contained in application for state registration, documents on examination as well as in registration dossier of pharmaceutical product that contain new chemical entities during the period of 6 years after state registration of a pharmaceutical product.
With regard to agrochemical products it must be mentioned that according to Law No. 302-III "On Safety of Chemical Products" of 21 July 2007 and Government Resolution No. 1396 "On Approval of the Rules on Registration and Production Testing and State Registration of Pesticides" of 30 November 2011, registration requirements for chemical products, pesticides and poisons are the same for every applicant and does not permit the reliance on undisclosed data developed or submitted by another applicant to obtain product registration.
|
09/08/2017 |
|
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 |
Kazakhstan |
Switzerland |
7. Does your legislation provide for exceptions to this protection of undisclosed information? If so, please explain under what conditions would such exceptions apply?
|
According to paragraph 19 of Article 71 of the Code of the Republic of Kazakhstan "On People's Health and Healthcare System" of 18 September 2009 State Expert Organization as well as state body in the field of circulation of pharmaceutical products, medical devices and equipment shall not be allowed without consent of the applicant to disclose and use with commercial purpose of undisclosed information contained in application for state registration, documents on examination as well as in registration dossier of pharmaceutical product that contain new chemical entities during the period of 6 years after state registration of a pharmaceutical product.
Based on decision of the court, disclosure and use of undisclosed information indicated in paragraph 19 of Article 71 of the Health Code shall be allowed if:
1) supplies of pharmaceutical product are not sufficient for satisfaction of needs of population during the period of 12 month from the date of registration in the Republic of Kazakhstan;
2) it is necessary to protect health of population in emergency or guarantee national security;
3) legislation of the Republic of Kazakhstan in the field of competition was infringed".
|
09/08/2017 |
|
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 |
Kazakhstan |
Switzerland |
8. Does your legislation provide for a specific term of protection for such undisclosed test data?
|
As it was mentioned above, the period of such protection is 6 years after state registration of a pharmaceutical product.
|
09/08/2017 |
|