Crimes Related to Intellectual Property: the Experience of Uzbekistan and Kazakhstan

Abstract

This article offers a comprehensive comparative analysis of criminal liability for intellectual property (IP) offences in Uzbekistan and Kazakhstan. It conceptualizes criminal law as the ultimate and most coercive instrument within the broader system of legal protection of intellectual property, complementing civil and administrative remedies. Drawing on constitutional provisions, criminal codes, and judicial interpretations in both jurisdictions, the study examines the scope, structure, and categorization of IP-related crimes, including infringements of copyright and related rights, patent rights, trademarks, geographical indications, trade secrets, and other protected subject matter. The analysis demonstrates that while both states ensure criminal-law protection for all major IP objects, they differ significantly in legislative classification, degree of social danger, and severity of sanctions. In Uzbekistan, most IP crimes are treated as offences against constitutional rights and are generally regarded as less socially dangerous, with comparatively lenient penalties and incentive-based provisions encouraging voluntary compensation. In contrast, Kazakhstan classifies such offences primarily as crimes against property and economic activity, imposing stricter sanctions and broader grounds for prosecution. The article also explores procedural aspects of investigation and identifies key similarities and divergences in qualifying elements, including damage thresholds and aggravating circumstances. Overall, the study highlights divergent policy approaches to criminal enforcement in the IP sphere.