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 "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” №02 of January 3, 2019 “On approving prices for services rendered by a state enterprise ”National Institute of Intellectual Property " of the Ministry of Justice of the Republic of Kazakhstan" (as of July 29, 2019 is 6932.80 tenge).
The law provides for benefits when paying for a service (in the amount of 346.64 of the price established for entering information into the Register) provided that supporting documents are submitted confirming belonging to the following persons:
1) participants in the Great Patriotic War and persons equated to them;
2) to persons awarded orders and medals of the former USSR for selfless work and perfect military service in the rear during the Great Patriotic War;
3) persons who have worked (served) for at least six months from June 22, 1941 to May 9, 1945 and who were not awarded orders and medals of the former USSR for selfless work and perfect military service in the rear during the Great Patriotic War;
4) disabled people, as well as one of the parents of a disabled person since childhood;
5) the oralmans;
6) minors.
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.
uct of human thought and activity has its value. Every citizen has a legal right to protect their own inventions, works of science, literature and art, the other results of intellectual activities (Article 14 of the Civil Code of the Republic of Kazakhstan). In this article you will learn that relates to intellectual property rights and how to protect it.
