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