Industrial property

21.01.2022

Anyone who first encounters the concept of “industrial property” will probably think that it means the property of industrial enterprises.

In fact, industrial property is not related to the production process, technology, equipment, machine tools, building, etc.

At its core, the concept of "industrial property" is closely related to intellectual property and practically does not differ from it. (intellsob.kz).

For the first time the concept of "industrial property" was introduced by the Paris Convention for the Protection of Industrial Property, adopted in 1883. Industrial property in Kazakhstan is a kind of property relations. In accordance with the Paris Convention, industrial property objects are patents for inventions, utility models, industrial designs, trademarks and service marks, appellations of origin of goods (Wikipedia.org).

Thus, we can say that the concept of "industrial property" means the exclusive right to such objects of intellectual property as an invention, utility model, industrial design, trademark, etc. (intellsob.kz). Starting from the 70s of the last 20th century, it is customary to include such an object as “know-how” in the concept of “industrial property”. In this case, we are talking about the secrets of production, production experience. This is due to the fact that in the world of a market economy so-called industrial espionage is quite widespread. In this case, competitors seek to extract secret data from each other in order to obtain maximum profit. Naturally, patenting is a powerful tool as an obstacle to industrial espionage.

The concept of "industrial property" is widespread in almost all areas of the market economy: industry, trade, agriculture, etc.

A characteristic feature of industrial property is its strictly territorial character. So, the rights to industrial property objects (patents, trademark certificates) are valid only within a certain state. At the same time, foreign patenting is also in effect, provided for by a number of special international agreements.

Thus , industrial property in Kazakhstan is subject to mandatory registration with a government agency in order to obtain a patent or certificate . In Kazakhstan, this function is implemented by the National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan.