CIVIL LAW AND CIVIL PROCEDURE

Invalid transactions in the field of intellectual property under the legislation of the Republic of Kazakhstan

Abstract

Judicial recognition of a transaction as invalid is one of the most common methods of protecting civil rights in the Republic of Kazakhstan, as evidenced by the increasing number of disputes and satisfied claims. The legislation of the Republic of Kazakhstan in the field of intellectual property has certain peculiarities, particularly in relation to invalid transactions. Quite often, parties to civil transactions ignore mandatory legal requirements when concluding contracts, which leads to full or partial invalidity of the agreements. This article examines both the general grounds for invalidity of transactions under the Civil Legislation of Kazakhstan and the specific provisions provided by intellectual property law. It is emphasized that null and void transactions can still be judicially recognized as invalid. Violation of legal norms entails restoration of the pre-violation state, full compensation of damages, including lost profits, moral harm, and compensation payments. The article concludes that strict compliance of contracts in the field of intellectual property with legal norms serves as a guarantee of the stability of civil turnover.