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.
