In accordance with Article 9 of the Law of the Republic of Kazakhstan "On Copyright and Related Rights", copyright in a work of science, literature and art arises by virtue of the fact of its creation. For the creation and exercise of copyright, registration of the work, other special design of the work or compliance with any formalities are not required.
In this regard, the procedure for entering information into the State Register of Rights to Objects Protected by Copyright is not binding.
The Republican State Enterprise on the right of economic management "National Institute of Intellectual Property" (hereinafter - RSE "NIIP"), provides the service "Making information and their changes in the State Register of Rights to Objects Protected by Copyright".
Such works include:
- literary, scientific, dramatic, screenwriting;
- musical works with or without text and musical and dramatic works;
- works of choreography, pantomime, audiovisual works;
- works of architecture, urban planning, landscape gardening art;
- works of painting, sculpture, graphics, fine and applied art;
- photographic works and works obtained by methods similar to photography, as well as on maps, plans, sketches, illustrations and three-dimensional works related to geography, topography and other sciences;
- programs for an electronic computer or databases.
The author of the work or his representative by proxy through EDS authorizes on the web portal where he fills in the required fields (IIN, name of the work, creation date and type of object), forms a statement and attaches a copy of the work.
As a copy of the work, sketches, drawings, drawings or photographs may be attached to the application, and for programs for an electronic computer or databases, an abstract including the name of the program or database, last name, first name, middle name (if it is indicated in the document certifying identity) of the author, date of creation, field of application, purpose, functionality, source code (source text), main technical characteristics, programming language, type of implementing electronic computers.
In relation to works of religious content, the service recipient additionally submits an electronic copy of the positive conclusion of the religious expert examination.
In relation to a composite or derivative work, the service recipient shall additionally submit a copy of the copyright agreement concluded with the author (s) or copyright holder of the original work.
If the composite work uses works by other authors whose protection period has expired on the date the applicant submits the application, no copyright agreement is required.
In case of expiration of the term of protection of the work on the basis of which the derivative work is created, the submission of the copyright agreement with the author of the main work is not required.
For entering information into the state register of rights to objects protected by copyright, a fee is charged in the amount established by order of the Director of RSE “NIIP” №254 of December 23, 2020 “On approving prices for services rendered by a state enterprise on the right of economic management ”National Institute of Intellectual Property " of the Ministry of Justice of the Republic of Kazakhstan" (6932.80 tenge).
The law provides for benefits in the amount of 95 percent of the price for the service for entering information in the State Register, provided that supporting documents are submitted about belonging to the following persons:
- Participants in the Great Patriotic War and persons equated to them;
Persons equated by benefits to participants of the Great Patriotic War:
- military personnel, as well as persons commanding and enlisted personnel of the internal affairs and state security bodies of the former USSR, who served in cities during the Great Patriotic War, participation in the defense of which was counted until January 1, 1998 in the length of service for the appointment of pensions on preferential terms established for military units of the active army;
- persons of the civilian personnel of the Soviet Army, Navy, troops and internal affairs and state security bodies of the former USSR, who held regular positions in military units, headquarters, institutions that were part of the active army during the Great Patriotic War, or who were in the corresponding periods in cities, participation in the defense of which was counted until January 1, 1998 in the length of service for the appointment of pensions on preferential terms established for military personnel of active army units;
- persons who during the Great Patriotic War were part of units, headquarters and institutions that were part of the active army and navy, as sons (pupils) of regiments and jung;
- persons who took part in military operations against Nazi Germany and its allies during the Second World War on the territory of foreign countries as part of partisan detachments, underground groups and other anti-fascist formations;
- employees of special formations of the People's Commissariat of Railways, the People's Commissariat of Communications, the floating composition of fishing and transport vessels and the flight-lifting composition of aviation, the People's Commissariat of the Fishing Industry of the former USSR, the sea and river fleet, the flight-lifting composition of the Glavsevmorputi, who during the Great Patriotic War were transferred to the position of military personnel and performed tasks in the interests of the active army and navy within the rear borders of the active fronts, operational zones of fleets, as well as members of the crews of transport fleet vessels, interned at the beginning of the Great Patriotic War in the ports of other states;
- citizens who worked during the siege in the city of Leningrad at enterprises, institutions and organizations of the city and were awarded the medal "For the Defense of Leningrad" or the sign " Resident of besieged Leningrad»;
- minor prisoners of concentration camps, ghettos and other places of forced detention created by the Nazis and their allies during the Second World War;
- persons who took part in the liquidation of the consequences of the Chernobyl nuclear power plant disaster in 1986-1987, other radiation disasters and accidents at civilian or military facilities, as well as directly participated in nuclear tests;
Veterans of military operations on the territory of other states:
- military personnel of the Soviet Army, Navy, State Security Committee, persons in command and rank of the Ministry of Internal Affairs of the former USSR (including military specialists and advisers) who, in accordance with the decisions of the government bodies of the former USSR, took part in military operations on the territory of other states;
- conscripts who were called up for training camps and sent to Afghanistan during the period of combat operations;
- military personnel of automobile battalions who were sent to Afghanistan to deliver goods to this country during the period of combat operations;
- military aircrew who flew combat missions to Afghanistan from the territory of the former Soviet Union;
- workers and employees who served the Soviet military contingent in Afghanistan, who were wounded, concussed or maimed, or who were awarded orders and medals of the former Soviet Union for their participation in providing combat operations;
- military personnel of the Republic of Kazakhstan who performed tasks in accordance with interstate treaties and agreements on strengthening the protection of the border of the Commonwealth of Independent States in the Tajik-Afghan section;
- military personnel of the Republic of Kazakhstan who participated as peacekeepers in the international peacekeeping operation in Iraq;
- military personnel, as well as senior and rank-and-file personnel of the internal affairs and state security bodies of the former USSR, who took part in the settlement of the inter-ethnic conflict in Nagorno-Karabakh;
- Heroes of Socialist Labor, holders of the Orders of Glory of three degrees, Labor Glory of three degrees;
- faces, long-lasting names "Kazakhstan Enbek Ері»;
- persons awarded orders and medals of the former Soviet Union for selfless work and impeccable military service in the rear during the Great Patriotic War;
- persons who have worked (served) not less than six months from June 22, 1941 to May 9, 1945 and not awarded orders and medals of the former Soviet Union for selfless work and impeccable military service in the rear during the Great Patriotic War.
- Вisabled people, as well as one of the parents of a disabled person since childhood.
- The kandas.
Information on rights to works serving (intended) for distinguishing goods (services) of some individuals or legal entities from similar goods (services) of other individuals or legal entities is not entered in the Register.
On the basis of the information entered into the Register, a certificate of information is issued, which is sent in electronic form to the personal account of the service recipient.
Cancellation of information from the Register and making changes are made at the request of the author, as well as on the basis of a court decision that has entered into legal force.