Kazakhtelecom is a majority state-owned company (45.9% of shares are owned by the government) that provides most of Kazakhstan’s communications services, including broadband internet, mobile and television. It is reported that the company dominated the market and it also fully or partially owns a number of other backbone and downstream ISPs. According to the website of the Register of State Preporty of Kazakhstan, the government will start the privatization of the Kazakhtelecom in 2024. It is reported that the so-called Billing Center of Telecommunication Traffic, established by the government in 1999, helps monitoring the activity of private companies and strengthen the monopolist position of KazakhTelecom in the IT sphere.

It is reported that Kazakhstan does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of functional separation since 2013.

It is reported that Kazakhstan has no obligation for passive infrastructure sharing in the country to deliver telecom services to end users, and it is not practiced in the mobile sector and in the fixed sector based on commercial agreements.

The Civil Code of the Republic of Kazakhstan and the Enterprise Code of the Republic of Kazakhstan provide a framework for effective protection of trade secrets. According to Art. 126.1 and 1017.1 of the Civil Code of the Republic of Kazakhstan, a trade secret comprises valuable information including secrets of production (know-how), production technology, management model, as well as ways and methods of increasing profits. In addition, according to Art. 28 of the Enterprise Code of the Republic of Kazakhstan, among other provisions, the protection of trade secrets consists in prohibiting the unlawful receipt, distribution or use of information constituting a trade secret in accordance with this Code and the legislation of the Republic of Kazakhstan. This regulatory framework includes remedies and penalties for the disclosure of trade secrets.

Kazakhstan has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Kazakhstan has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Kazakhstan has a copyright regime under Law of the Republic of Kazakhstan No. 6-I of June 10, 1996, on Copyright and Related Rights. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 18-27 list the exceptions, which include the quotation, in the original language or in translation, for scientific or for research, polemic, critical or informational purposes and to the extent justified by the intended purpose; the reproduction, broadcasting or communication to the public by cable of architectural works, photographic works or works of fine art permanently located in a public; among others.

Copyright is not adequately enforced online in Kazakhstan. It is reported that foreign companies complain of inadequate IPR protection. Judges, customs officials, and police officers lack IPR expertise, which exacerbates weak IPR enforcement. In addition, it is reported that the rate of unlicensed software installation in the country was 74% in 2017 (above the 57% rate of the Central and Eastern European countries), for an estimated commercial value of USD 62 million. In addition, it is reported that online piracy is still a concern, particularly through piracy devices and applications, illegal recording and unlicensed use of software.

Kazakhstan is a party to the Patent Cooperation Treaty (PCT).

In accordance with subparagraph 4-1 of Art. 7 of Law No. 544, the Minister of National Economy of Kazakhstan ordered the approval of the Rules of Domestic Trade (Order No. 264). Arts. 105-1 and 106-1 of the Rules mandate e-commerce sellers to indicate their BIN (business identification number), address of business operations on the territory of Kazakhstan and mobile telephone number registered in Kazakhstan in order to operate in the country. Additional information on this requirement is found in Annex 3-10 of Order No. 4.

According to Art. 38 of the Patent law of the Republic of Kazakhstan, foreign individuals, foreign legal entities and stateless persons residing in the Republic of Kazakhstan enjoy the same rights as the Kazakhstani citizens. However, under Article 36.5 of the Patent Law of the Republic of Kazakhstan, natural persons residing outside the Republic of Kazakhstan or foreign legal entities shall exercise their rights as patent applicants and patentees, as well as the rights of interested person in the authorized body and its organizations, through local patent attorneys. Pursuant to Art. 1 of the Law, patent agents are citizens of the Republic of Kazakhstan who, in accordance with the legislation of the Republic of Kazakhstan, have the right to represent natural and legal persons before the authorized body and expert agency.

According to Art. 23.6.7 of the Law on National Security, it shall be prohibited that foreigners, stateless persons, and foreign legal entities to directly and (or) indirectly own, use, dispose of and (or) manage cumulatively in excess of 49% of the voting shares, as well as stakes, units of a legal entity engaged in telecommunications as a long-distance and (or) international telecommunications operator, possessing land (cable, including fiber optic, radio relay) communication lines with no positive decision of the Government of Kazakhstan based on the opinion of the authorised body regulating the field of communications, agreed with the national security agencies. It is reported that, in practice, foreign investors must obtain a government waiver for the acquisition of more than 49% of shares in a company providing telecommunication services.

Kazakhstan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2016.

According to Government Resolution No. 13 dated January 2016 on Certain Matters Pertaining to the Implementation of State Support of Investments, production of digital goods such as computers, electronic and optical products is identified as a priority area for implementation of foreign investment projects, among others and are therefore subject to investment preferences. However, certain restrictions still exist in sectors related to digital economy. For instance, in accordance with Art. 5 of the Law on Mass Media, foreigners and foreign legal entities as well as stateless persons cannot directly and (or) indirectly own, use, dispose and (or) manage more than 20% of the shares of a legal entity which is the owner of a mass media organization in Kazakhstan or carries out activities in this area, including online mass media. This requirement does not apply to internet resources intended for electronic commerce.

According to Art. 14 of the Law on Public Procurement, with regard to the goods originating in foreign countries and works, services, respectively performed by foreign potential suppliers, the national treatment is applied only in cases and upon conditions stipulated by international treaties ratified by Kazakhstan. The Law prescribes that the Government of Kazakhstan shall have the right to establish exemptions from the national treatment for a period not exceeding two years in order to protect the foundations of the constitutional system, ensure the country's defense and national security, protect the domestic market, develop the national economy and support domestic producers.