NTERACTION OF INTELLECTUAL PROPERTY LAW WITH CERTAIN BRANCHES OF PUBLIC LAW

Abstract

The article analyzes the norms of public law that regulate certain aspects related to intellectual property. Intellectual property law, being a sub-branch of civil law, includes not only the norms of private law, but also the norms of public law, i.e. is a complex branch of legislation. Relations, in particular, relating to the provision of legal protection for claimed inventions, utility models, industrial designs, trademarks, service marks, appellations of origin, breeding achievements (plant varieties and animal breeds) by the expert organization of the authorized body, are regulated by the norms of the administrative legislation of the Republic of Kazakhstan, based on imperatives. Moreover, persons who are denied the grant of a title of protection in the form of a patent or certificate for a particular declared object can file obligatory pre-trial objections with the Appeal Board under the Ministry of Justice of the Republic of Kazakhstan and only then can apply to the court with a claim to appeal the decision of the expert organization, which refused to recognize the declared objects as objects of intellectual property. And these relations are regulated by the norms of administrative procedural legislation. The right of intellectual property is also regulated by the norms of tax, customs legislation. Thus, the intellectual property right in content is a sub-branch of civil law, because has the same subject, the method of legal regulation, and in terms of form, intellectual property law is a complex branch of legislation, because includes both private and public law.