Brevets (y compris la protection des variétés végétales)
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.