National Institute of Intellectual Property
On March 27, 2019, Acting Director of the RSE «NIIP» Kaliya Batayeva was held a meeting with UN representatives on insurance issues Boyan Konstantinov and program analyst Konstantin Sokulskiy.
During the meeting, were discussed the issues of ensuring public access to more affordable generic drugs, as well as the use of patents without the permission of the patent holder in cases where the purpose of such use is not to obtain commercial income.
In addition, the issues of issuing a compulsory license in accordance with the legislation of the Republic of Kazakhstan were considered in detail. Representatives of the RSE «NIIP» noted that in accordance with the patent legislation of the Republic of Kazakhstan, if a patent holder does not use a patent and refuses to enter into a license agreement on acceptable commercial, any person has the right to apply to the court for a compulsory non-exclusive license if the patent was not continuously used after the first publication of information on extradition within any three years preceding the date of filing such an application. At the same time, a compulsory non-exclusive license is also issued in cases where it is necessary to ensure national security or to protect public health and the patent holder's abuse of his exclusive rights, to promote or not prevent the abuse of such exclusive rights by another person with his consent.