Suisse

Kazakhstan

Moyens de faire respecter les DPI

9. Do the judicial authorities of Kazakhstan have the authority to adopt, on the request of a right holder, a provisional measure inaudita altera parte before an action leading to a decision on the merits of the case has been lodged? Please cite the relevant provisions of the legislation.

According to paragraph 2 of Article 157 of the Code of Civil Procedure the court can order any provisional measure without prior notice to the participants of the case or parties of arbitration (inaudita altera parte) and without holding court proceedings. In the cases where provisional measures had been adopted inaudita altera parte, parties affected had to be given notice without delay after the execution of the measures at the latest.