CRIMINAL LIABILITY FOR THE ILLEGAL USE OF TRADEMARKS: REGULATION AND LAW ENFORCEMENT PRACTICE

Gaziza Makhkamkyzy Kalmyrza, G. T. Alaeva, Aigerim Adilovna Aralbayeva, Kairat Eslyamkalievich Ismagulov

2025

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DOI 10.52026/2788-5291_2025_80_1_164
Data confidence 70 medium
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Abstract

The authors of the article consider the legal aspects of criminal liability for the illegal use of trademarks in the Republic of Kazakhstan, emphasizing the importance of their protection for the stable development of the economy and ensuring fair competition. The introduction of criminal liability and sanctions for trademark violations serves as an important tool for the protection of intellectual property, reducing the risk of financial losses to copyright holders and preventing the spread of counterfeit products. The authors provide historical and legal data, revealing the evolution of trademark legislation in Kazakhstan and abroad, starting with the first legislative acts in France and the United Kingdom and ending with modern standards. Special attention is paid to article 222 of the Criminal Code of the Republic of Kazakhstan, which establishes liability measures for the illegal use of a trademark. The study shows that law enforcement practice faces a number of difficulties, such as the rarity of cases involving trademark violations and difficulties in determining the economic damage caused by violators. Two approaches to calculating major damage are presented: for the loss of the copyright holder and for the cost of royalties, which emphasizes the need for an integrated approach to improve the effectiveness of intellectual property rights protection. Examples of court cases and statistical data demonstrate the importance of stricter criminal measures that contribute to the protection of trademark rights and provide a competitive advantage for legitimate owners. The authors conclude that it is important to clarify the criteria for determining damage, which can increase the legal certainty and effectiveness of protecting the rights of trademark owners in Kazakhstan.