by the decision of the General Meeting of Founders
”Chamber of Patent Attorneys of Kazakhstan”
No.___ dated ___ __________ 2021
Code of Business and Ethical Conduct of Members of the Public Association “Chamber of Patent Attorneys of Kazakhstan”
1.1. This Code of Ethics and Business Conduct (hereinafter referred to as ”The Code”) regulates the norms of business conduct and ethics of members of the Public Association “Chamber of Patent Attorneys of Kazakhstan” (hereinafter referred to as ”The Chamber”).
1.2. The members of the Chamber (hereinafter referred to as ”The Patent Attorney”) confirm their commitment to the highest ethical standards and rules of business conduct and the need for strict compliance with the norms established by the norms of international and national legal acts, the Charter of the Chamber and this Code.
- Compliance with legislation and business conduct requirements
2.1. The patent attorney is obliged to strictly observe the norms of the legislation of the Republic of Kazakhstan including the norms of anti-corruption law.
2.2. When carrying out their professional activities, a patent attorney shall not allow actions of an unfair nature in relation to their other colleagues-patent attorneys. Conduct its activities in good faith and honestly.
2.3. The Patent attorney is obliged to immediately inform his Client about those orders that are obviously illegal, and to explain to the Client about the negative legal consequences of violating the law.
2.4. The patent attorney independently sets the cost of his services. The Chamber has no right to interfere in the professional activities of the Patent Attorney.
2.5. The patent attorney, throughout his professional activity, protects the interests of his Client related to the preservation of confidential information, the storage of business and other documents as well as the conduct of correspondence.
The documents received by the Patent Attorney from the Client are kept by the Patent Attorney for 3 (three) years, unless otherwise specified in the contract.
2.6. At the request of the Client, the Patent Attorney is obliged to provide information about his education, qualifications and work experience in the specialty as well as about the availability of insurance or other form of liability coverage for damage to the interests of the Client from the actions of the Patent Attorney.
2.7. The use (indication) of the name of the company or the logo of the Client and the Patent Attorney for advertising purposes is allowed with the mutual consent of the parties on the basis of a contract or other written document confirming the provision of such consent.
2.8. The Patent Attorney is strictly prohibited from guaranteeing the Client a positive solution to a dispute that is being considered in a judicial, administrative or other manner.
2.9. The Patent Attorney must avoid actions that contribute to obtaining an undue advantage over other patent attorneys, misrepresentation of facts and circumstances, concealment or abuse of commercial and other information as well as deception, blackmail, manipulation.
2.10. The Patent Attorney is obliged to ensure the safety and protection of confidential information and / or trade secrets of his Client.
2.11. The Patent Attorney may not speak on behalf of the Chamber and his Client in the mass media without their consent.
2.12. The Patent Attorney has the right to carry out political and public activities in accordance with the Laws of the Republic of Kazakhstan. The Patent Attorney does not have the right to agitate on behalf of the Chamber and his Client in favor of a particular political party, public or religious organization.
- Compliance with conflict of interest provisions
3.1. The Patent Attorney is obliged to notify his Client of the circumstances when his personal interests come into conflict with the interests of the Client.
3.2. The conflict of interest include the following circumstances:
3.2.1. Implementation of professional activities of the Patent Attorney with persons who are or were previously in contractual and / or non-contractual relations with the Client;
3.2.2. Implementation of professional activities by the Patent Attorney with family members or close relatives of the Client;
3.2.3. Presence of commercial, financial and other interests of the Patent Attorney in the activities of individuals and / or legal entities of the Client or in the activities of affiliates thereof;
3.2.4. whether the Patent Attorney has the ability to make a decision or influence the adoption of such decision by individuals and / or legal entities to the detriment of the interests of the Client;
3.2.5. Employment by the Patent attorney of an employee who previously had a contractual relationship with the Client;
3.2.6. The Patent Attorney has an interest (share) in the charter capital of legal entities with which the Client conducts professional and other activities.
The list of conflicts of interest specified in clause 3.2 of this Code is not exhaustive.
In the event of a conflict of interest, the Patent Attorney must immediately notify the Client.
The conflict of interests is subject to settlement through negotiations, and in case of failure to reach an agreement – in the court.
The settlement of the conflict of interests through negotiations shall be executed in writing in the form of a protocol signed by all participants of the conflict of interests.
- Internal procedures
4.1. To implement and clarify the main provisions of this Code, an Ethics Commission shall be established within the Chamber. The regulations on the Ethics Commission shall be approved by the highest governing body of the Chamber.
4.2. If there are questions about the application of the provisions of this Code, the Patent Attorney has the right to apply to the Ethics Commission.
4.3. The decisions of the Ethics Commission are advisory in nature.