Moyens de faire respecter les DPI
11. Please describe the provisional measures provided for in the legislation of Kazakhstan, including those for combatting counterfeiting and piracy. Please describe the procedures that must be followed and cite the relevant provisions of legislation.
According to Article 155 of the Code of Civil Procedure, upon application of participants of the case or parties of the arbitration, the court can apply provisional measures in cases where, in their absence, the court will not be able to issue a ruling or its work will be hindered. Parties of the arbitration must provide the document confirming submission of the arbitration claim together with the application for provisional measure. According to Article 156 of the Code of Civil Procedure, provisional measures can be the following: (i) seizure of the defendant's property; (ii) prohibition for the defendant to take certain actions; (iii) prohibition for other persons to transfer property or perform certain actions in respect to the defendant; (iv) suspension of the sale of property in cases where a claim was filed to cancel the seizure of property; (v) suspension of a contested legal act issued by a State body, organization or an official; and, (vi) suspension of a penalty imposed by an executive document, contested by the debtor in court; (vii) suspension of trading on the extrajudicial sale of pledge; (viii) suspension of the contested acts and actions of the judicial executor related to foreclosure on the property, made during execution proceedings. The court could also apply other provisional measures for the purposes of Article 155 of the Code of Civil Procedure. Measures for satisfaction of a claim must be proportionate to the demand of a plaintiff, and not violate public interest and the interests of third parties.