Brevets (y compris la protection des variétés végétales)
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.
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.