Kazakhstan Elevates IP Protection to Constitutional Level

Kazakhstan’s new Constitution, effective 1 July 2026, explicitly guarantees intellectual property protection, elevating IP rights to the constitutional level for the first time.

Under the former 1995 Constitution, IP rights protection was derived from broader constitutional guarantees, including the right to property and freedom of creativity. The new Constitution now provides: “Freedom of speech and of scientific, technical and artistic creativity is guaranteed. Intellectual property is protected by law.”

While copyright, patents, trade marks and other IP rights have long been protected under sector-specific legislation, this amendment highlights the state’s growing recognition of innovation and intellectual property.

The long-term impact on judicial practice remains to be seen, and IP disputes will continue to be governed by existing statutory legislation and court and administrative application. Nonetheless, this amendment represents a landmark constitutional development in the evolution of Kazakhstan’s legal framework.

Prepared by: Diliya Chanysheva and Ainur Zhussipova

For more information, please contact Ainur Zhussipova at our Kazakh office.