INTERNATIONAL LEGAL PROTECTION OF INTELLECTUAL PROPERTY

WITHIN THE FRAMEWORK OF THE WORLD TRADE ORGANIZATION AND

OBLIGATIONS OF THE KAZAKHSTAN IN CONNECTION WITH THE EURASIAN
ECONOMIC UNION PARTICIPATION

Contents:

1. Intellectual property protection system within the World Trade Organization

2. Problems of realization of the international legal obligations of the Republic of Kazakhstan in

the sphere of intellectual property protection within the World Trade Organization in reason of
its participation in the Eurasian Economic Union

3. Ratio of obligations of the Republic of Kazakhstan in the field of intellectual property

protection, adopted in the framework of the World Trade Organization and the Eurasian
Economic Union

4. Ratio of dispute resolution mechanisms in place within the framework of the World Trade
Organization and the Eurasian Economic Union: problems of crossing competencies

Relevance of dissertation research topic:

The inclusion of intellectual property protection in the World Trade Organization (WTO) has led
to qualitative changes in the international legal protection of intellectual property. This decision
has become a natural result of the processes in the world of intensification and expansion of
international cooperation in the field of trade and economic relations, including the exchange of
goods that contain protected results of intellectual activity, as well as the result of increasing
economic importance of intellectual property in international trade. The development of
international cooperation required the adoption of new rules for the protection of intellectual
property, taking into account the peculiarities of regulation of trade and economic relations, as
well as international treaties administered by World Intellectual Property Organization (WIPO).

In the context of simultaneous participation of the Republic of Kazakhstan in the WTO and the
Eurasian Economic Union (Eaeu), the problems of correlation between the international legal
obligations of the Republic of Kazakhstan in the sphere of protection of Intellectual property,
adopted within the framework of the WTO, and relevant obligations within the EAEU and their
implementation at the domestic level.

The object of the dissertation research:

The object of the dissertation research is the system of intellectual property protection within the
WTO and the public relations arising during the adoption and implementation of international
legal obligations by the Republic of Kazakhstan in the field of protection of intellectual property
related to participation in the WTO and other international organizations, including the EAEU,
as well as the relevant international treaties.

The subject of the dissertation research:

The Subject of the dissertation research is the International Legal acts adopted within the
framework of the WTO and other international organizations, including the EAEU, to which the
Republic of Kazakhstan is a party, in the field of intellectual property protection, problems of
their influence on the legislation and law enforcement Practice of the Republic of Kazakhstan
and some foreign States, the practice of the WTO Dispute Settlement Body, as well as doctrinal
positions in the investigated area.

Purpose and objectives of the research:

The purpose of this dissertation research is to identify legal problems related to the international
legal regulation of intellectual property within the WTO and the participation of the Republic of
Kazakhstan in the WTO and the EAEU, and to propose ways of their Solutions.

The achievement of the goal implies the following tasks:

-to justify the existence within the WTO of a special system of intellectual property protection –
TRIPS system, to reveal its peculiarities;

-to investigate the problems of correlation between the international legal obligations of the
Republic of Kazakhstan in the field of intellectual property protection, adopted within the WTO
and the EAEU, as well as their implementation, and to make proposals for their solution.
List of Literature:

1. Pauwelyn, J., Manfred, E. The Politics of Treaty Interpretation: Variations and

Explanations Across International Tribunals

2. Salem, M.A.E.F. Balancing the Inventors’ Interest against the Public Interest: The Case of the
Patent Law of Qatar

3. Shen, C.-L. Intellectual Property Rights and International Free Trade: New Jurisprudence of
International Exhaustion Doctrine under the Traditional Legal System

4. Sindico, D. On Parallel Importation, TRIPS and European Court of Justice Decisions

5. Trachtman, J.P. Bananas, Direct Effect and Compliance

6. Desmedt, G.A. European Court Rules on TRIPS Agreement

7. Drexl, J. The TRIPs Agreement and the EC: What Comes Next After Joint Competence?

8. Gattinara, G. The Relevance of WTO Dispute Settlement Decisions in the US Legal Order

9. Jackson, J.H. Regional Trade Blocks and the GATT