COMPLIANCE AND LEGISLATION IN THE FIELD OF INTELLECTUAL PROPERTY

Abstract

 This article is devoted to the study of the institute of compliance, the need to implement compliance procedures in an organization regardless of the form of ownership, type of legal entity, organizational and legal form. This business process has been widely implemented in the financial sector, but due to the spread of the introduction of economic sanctions and threats of secondary sanctions, it has become particularly relevant in Kazakhstan.

This article analyzes the issues of the essence of compliance, procedures, goals and objectives, functions of services, types of compliance, negative consequences of non-compliance with legal requirements, corporate norms, ethical standards and internal regulatory documents.

In the article, the author substantiates the need to include in the functions of compliance controllers the study of risks in the sphere of intellectual property turnover, which is a necessary measure of compliance with legal norms on intellectual property, not limited only to the introduction of anti-corruption, sanctions or antimonopoly compliance. In practice, these areas are well-established. However, illegal turnover of intellectual property, violations of exclusive rights create serious legal risks and financial consequences. In this regard, the author considers it necessary to implement compliance depending on the type of activity of the company, including for compliance with intellectual property legislation.

This position is based on numerous facts of judicial proceedings, criminal and administrative prosecution of offenders who, when applying this type of compliance control, could have prevented violations of intellectual property law in advance. The introduction of compliance control in this area would prevent the onset of legal consequences and financial losses (fines, confiscation).