Unofficial translation
In accordance with paragraphs 1 and 6 of Article 9-1 of the Law of the Republic of Kazakhstan dated June 10, 1996 "On Copyright and Related Rights" and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services", I HEREBY ORDER:
Footnote. Preamble - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 19.03.2020 No. 104 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).1. To approve:
1) the Rules for entering information and changes in the State register of rights to objects protected by copyright, in accordance with Appendix 1 to this Order;
2) the form of a certificate of entering information into the State register of rights to objects protected by copyright, in accordance with Appendix 2 to this Order.
Footnote. Paragraph 1 as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 19.03.2020 No. 104 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).2. the Department of Intellectual Property Rights in accordance with the procedure established by the legislation shall ensure:
1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, the direction hereof in Kazakh and Russian languages to the Republican State Enterprise on the Right of Economic Management "Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan" for official publication and placement in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan;
3) placing this order on the Internet resource of the Ministry of Justice of the Republic of Kazakhstan;
4) excluded by order of the Minister of Justice of the Republic of Kazakhstan No. 121 dated 15.02.2023 (shall be enacted upon expiry of ten calendar days after the day of its first official publication).Footnote. Paragraph 2 as amended by orders of the Minister of Justice of the Republic of Kazakhstan No. 819 dated 30.09.2022 (shall be enacted ten calendar days after the date of its first official publication); No. 121 of 15.02.2023 (shall enter into force ten calendar days after the date of its first official publication).
3. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Justice of the Republic of Kazakhstan.
4. This order shall be put into force from September 23, 2018 and shall be subject to official publication.
|
Minister of Justice of the Republic of Kazakhstan |
М. Beketayev |
| Appendix 1 to the order of the Minister of Justice of the Republic of Kazakhstan dated August 28, 2018 No. 1315 |
Rules for entering information and changes in the State register of rights to objects protected by copyright
Footnote. The Rules as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 19.03.2020 No. 104 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. These Rules for entering information and changes in the State register of rights to objects protected by copyright (hereinafter referred to as the Rules) have been developed in accordance with paragraphs 1 and 6 of Article 9-1 of the Law of the Republic of Kazakhstan dated June 10, 1996 “On Copyright and Related Rights" (hereinafter - the Law) and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services" and determine the procedure for entering information and changes into the State register of rights to objects protected by copyright (hereinafter - the Register).
2. Basic terms and definitions used herein:
1) an author - a natural person who has created a work of science, literature or art through his/her creative labour;
2) excluded by order of the Minister of Justice of the Republic of Kazakhstan No. 121 dated 15.02.2023 (shall become effective ten calendar days after the date of its first official publication);3) a state service - one of the forms of implementation of certain state functions, exercised individually at the request or without the request of service recipients and aimed at the realisation of their rights, freedoms and legitimate interests, granting them appropriate tangible or intangible benefits;
4) a personal profile - an electronic profile of a service recipient designed for submitting an application for entering data into the State Register of Rights to Copyrighted Objects and amendments thereto;
5) the Register - an information system containing details of copyrights to copyright-protected objects entered based on authors' applications;
6) a certificate - a document confirming the entry of data in the State Register of Rights to Copyrighted Objects;
7) a service provider - an organisation established by decision of the Government of the Republic of Kazakhstan in the organisational and legal form of a republican state enterprise on the right of economic management, subordinated in its activities to the competent authority;
8) an electronic digital signature (hereinafter - EDS) - a range of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its ownership and invariability of its content.
Footnote. Paragraph 2 - as reworded by order of the Minister of Justice of the Republic of Kazakhstan No. 819 dated 30.09.2022 (shall be put into effect upon expiry of ten calendar days after the day of its first official publication); as amended by order of the Minister of Justice of the Republic of Kazakhstan No. 121 dated 15.02.2023 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).Chapter 2. Procedure for provision of a public service
3. A public service is provided by the Republican State Enterprise on the basis of the right of economic management "National institute of intellectual property" of the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the service provider).
4. The basis for entering information into the Register is the submission of an application for entering information into the State register of rights to objects protected by copyright (hereinafter referred to as the application), by the author personally or through another representative with the provision of an electronic copy of a notarized power of attorney (hereinafter referred to as the service recipient) in the form according to Appendix 1 to these Rules.
5. To receive a public service, the service recipient sends to the service provider through the web portal of "electronic government" (hereinafter - the web portal):
1) an application in the form in accordance with Appendix 1 to the Rules;
2) a copy of the work.
In lieu of a copy of the work, the application may be accompanied by sketches, drawings, pictures or photographs, and in respect of programmes for electronic computer (ECM) or databases - by an abstract including the name of the programme or database, surname, first name, patronymic (if it is specified in the identity document) of the author, date of creation, field of application, purpose, functional capabilities, main technical characteristics, programming language, type of the implementing ECM, as well as the source code (source text);
3) in respect of a composite or derivative work, a copy of the author's agreement concluded with the author (s) or copyright holder of the original work is additionally submitted. In the event that works of other authors are used in the composite work, the term of protection for which has expired on the date of submission of the application by the service recipient, an author's agreement is not required. If the term of protection of the work on the basis of which the derivative work was created expires, the submission of an author's agreement with the author of the main work is not required;
4) in relation to works of religious content, an electronic copy of the positive opinion of the religious expert examination is additionally submitted.
When making changes to the information in the Register - an application for making changes to the information in the State register of rights to objects protected by copyright, in the form in accordance with Appendix 4 to the Rules.
Footnote. Paragraph 5 as amended by order of the Minister of Justice of the Republic of Kazakhstan No. 704 dated 24.08.2022 (shall take effect ten calendar days after the date of its first official publication).6. The main requirements for the provision of a state service including the features of the process, form, content and result of the provision, as well as other data, with due regard to the peculiarities of the provision of the state service are given in the list of basic requirements for the provision of the state service “Entry of Data and Amendments Thereto in the State Register of Rights to Objects Protected by the Copyright Law” as per Appendix 2 hereto.
Footnote. Paragraph 6 - as reworded by order of the Minister of Justice of the Republic of Kazakhstan No. 819 dated 30.09.2022 (shall be enacted ten calendar days after the day of its first official publication).7. In the process of rendering a public service, the head of the department and (or) the deputy head of the service provider's department submits the application and documents to the department’s employee within 2 (two) working hours after the application is submitted. An employee of the service provider's department examines the application and documents and draws up the result of the provision of a public service within 7 (seven) working hours.
The head of the department or the deputy head of the service provider agrees on the result of the provision of a public service. The head of the service provider signs the result of the provision of a public service within 1 (one) hour.
8. For entering information into the Register, the service provider will charge a payment made by the service recipient through the personal account of the web portal in accordance with the Prices for services in terms of entering information into the State Register of Rights to Objects Protected by Copyright (hereinafter - Prices) posted on the official websites of the authorized body www.adilet.gov.kz and service provider www.kazpatent.kz.
If necessary, the applicant presents a copy of the document confirming the grounds for reducing the amount of payment.
Payment is made by non-cash method through the payment gateway of a second-tier bank, integrated with the information system of the service provider newcab.kazpatent.kz.
Benefits for reducing the amount of payment shall be provided to the following persons:
1) participants of the Great Patriotic War;
to persons equated in terms of benefits to the participants of the Great Patriotic War:
servicemen, as well as persons of the commanding officers and rank and file 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 seniority for the appointment of a pension on preferential terms established for servicemen of units of the active army;
persons of the civilian personnel of the Soviet Army, the Navy, the troops and bodies of internal affairs and state security 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 before January 1, 1998 in the seniority for the appointment of a pension on preferential terms established for servicemen of units of the active army;
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 (graduates) of regiments and cabin boys;
persons who took part in hostilities against fascist 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;
workers of special formations of the People’s Commissariat of Railways, the People’s Commissariat of Communications, the floating personnel of fishing and transport vessels and flight personnel of aviation, the People’s Commissariat of the fishing industry of the former USSR, the sea and river fleet, flight personnel of the Northern Sea Route, 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 active fronts, operational zones of fleets, as well as crew members of transport fleet ships interned at the beginning of World War II in ports of other states;
citizens who worked during the blockade in Leningrad at enterprises, institutions and organizations of the city and were awarded the medal “For the Defense of Leningrad” or the badge “Resident of the besieged Leningrad”;
underage prisoners of concentration camps, ghettos and other places of detention created by the Nazis and their allies during the Second World War;
persons who took part in the elimination of the consequences of the disaster at the Chernobyl nuclear power plant in 1986 - 1987, other radiation accidents and accidents at civilian or military facilities, as well as directly involved in nuclear tests;
to veterans of hostilities on the territory of other states:
servicemen of the Soviet Army, the Navy, the State Security Committee, officials and enlisted personnel 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 hostilities on the territory of other states;
those liable for military service, called up for training camps and sent to Afghanistan during the period of hostilities;
servicemen of automobile battalions who were heading to Afghanistan to deliver goods to that country during the period of hostilities;
air personnel who flew on combat missions to Afghanistan from the territory of the former USSR;
workers and employees who served the Soviet military contingent in Afghanistan, who were wounded, concussed or mutilated, or were awarded orders and medals of the former USSR for their participation in supporting hostilities;
air personnel who flew on combat missions to Afghanistan from the territory of the former USSR;
workers and employees who served the Soviet military contingent in Afghanistan, who were wounded, concussed or mutilated, or were awarded orders and medals of the former USSR for their participation in supporting hostilities;
servicemen of the Republic of Kazakhstan who performed tasks in accordance with interstate treaties and agreements to strengthen the protection of the border of the Commonwealth of Independent States in the Tajik-Afghan sector;
servicemen of the Republic of Kazakhstan who took part as peacekeepers in the international peacekeeping operation in Iraq;
servicemen, as well as officials and rank-and-file personnel of the internal affairs and state security agencies of the former USSR who took part in the settlement of the interethnic conflict in Nagorno-Karabakh;
Heroes of Socialist Labor, holders of the orders of Glory of three degrees, of Labor Glory of three degrees;
persons awarded the title "Kazakhstannyn Enbek Yeri";
persons awarded with orders and medals of the former USSR for selfless labor and impeccable military service in the rear during the Great Patriotic War;
persons who have worked (served) for at least six months from June 22, 1941 to May 9, 1945 and were not awarded orders and medals of the former USSR for selfless work and impeccable military service in the rear during the Great Patriotic War;
2) disabled people, as well as one of the parents of a disabled person from childhood;
3) to fellow countrymen;
4) minors.
Benefits shall be provided in the amount of 95 (ninety five) percent of the price set for entering information into the Register, subject to the submission of supporting documents on belonging to any category of persons specified in this paragraph.
Footnote. Clause 8 - as amended by order of the Minister of Justice of the Republic of Kazakhstan dated 25.08.2020 No. 295 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); as amended by order of the Acting Minister of Justice of the Republic of Kazakhstan No. 494 dated 11.06.2021 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).9. According to paragraph 3 of Article 9-1 of the Law, information on copyright for works created in separate co-authorship can be entered into the Register separately if any of the co-authors indicates this in their application.
9-1. In case of amendments and (or) additions hereto, the competent authority shall send data on such amendments and (or) additions to the operator of the information and communication infrastructure of the electronic government, to the Unified Contact Centre, to the service provider within three business days after state registration of the relevant normative legal act with the justice authorities.
Footnote. The Rules have been supplemented with paragraph 9-1 under Order of the Minister of Justice No. 121 of 15.02.2023 (shall be effective ten calendar days after the day of its first official publication).10. In accordance with paragraph 4 of Article 9-1 of the Law, information on the rights to works that serve (are intended) to distinguish goods (services) of certain individuals or legal entities from similar goods (services) of other individuals or legal entities is not entered into the Register.
11. In accordance with paragraph 8 of Article 9-1 of the Law, copies of documents, a copy of the relevant work and (or) its description are provided to third parties with the consent of the author, except for cases established by the laws of the Republic of Kazakhstan.
12. Information in the Register is entered in the form in accordance with Appendix 3 to these Rules within 1 (one) working day following the day of receipt of the author's application.
13. On the basis of the information entered into the Register, a certificate is issued on entering information into the Register in the form in accordance with Appendix 2 to this order (hereinafter - the certificate) within 7 (seven) working hours. The certificate is filled out in the state and Russian languages.
14. If the service recipient submits an incomplete package of documents and if the requirements of Article 9-1 of the Law are not met, the service provider sends a reasoned refusal to enter information into the Register within 7 (seven) working hours.
15. In the Register, corrections of errors of a technical nature are possible that do not change the affiliation, nature or content of the information entered, within one working day from the date of receipt of the applicant's application.
In this case, amendments to the Register in connection with the correction of technical errors are carried out within 1 (one) working day following the day the service provider receives an application for making changes to the information in the Register in the form in accordance with Appendix 4 to these Rules, or court decision that has entered into force.
Chapter 3. Procedure for appealing decisions, actions (inaction) of a service provider and (or) his officials on provision of a public service
16. Appealing decisions, actions (inaction) of the service provider and (or) its officials on the provision of a public service is carried out by filing a complaint addressed to the head of the service provider in electronic format on the Internet resources of the authorized body www.adilet.gov.kz (phone: 8 (7172) 55-87-35) and the service provider www.kazpatent.kz (phone: 8 (7172) 55-16-37), through the "personal account" on the web portal, as well as in writing by mail or on purpose through the office of the service provider at the address: Nur-Sultan, Mangilik El avenue, 57A and the Ministry of Justice of the Republic of Kazakhstan at the address: Nur-Sultan, Mangilik El avenue, 8, House of Ministries, entrance 13.
Confirmation of acceptance of the complaint is its registration (stamp, incoming number and date) in the office of the service provider indicating the name and initials of the person who accepted the complaint. The complaint is signed by the service recipient.
Information on the procedure for appealing through the web portal can be obtained by calling the Unified Contact Center 1414, 8-800-080-7777.
The service recipient's complaint sent to the service provider is subject to consideration within 5 (five) working days from the date of its registration. A reasoned response on the results of consideration of the complaint is sent to the service recipient by mail or is issued on purpose at the service provider's office.
In cases of disagreement with the results of the provided public service, the service recipient files a complaint to the service provider and (or) the Ministry of Justice of the Republic of Kazakhstan, as well as the authorized body for assessment and control over the quality of provision of public services.
Complaints of service recipients received by the authorized body for assessment and control over the quality of provision of public services are considered within 15 (fifteen) working days from the date of its registration.
17. In cases of disagreement with the results of the rendered public service, the service recipient applies to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.
| Appendix 1 to the Rules of entering information and changes into the State register of rights to objects protected by copyright |
|
| Form | |
| Republican state enterprise of the basis of the right of economic management “National institution of intellectual property” from ____________________________ residing at the address: ____________________________ phone:______________________ |
Application
on entering information into the State register of rights
to objects protected by copyright
I (We)
_________________________________________________________________________
(last name, first name, patronymic (if it is indicated in the identity document)) of the author (s))
personal identification number
I hereby certify that I am the sole author (s) of unpublished
__________________________________________________________________________
(type of copyright object)
created by me (us)
__________________________________________________________________________
(day, month, year of object creation)
under the name
__________________________________________________________________________
and ask to enter information into the State register of rights to objects protected by copyright.
The legal significance of the fact of entering information into the State register of rights to objects protected by copyright law is explained to me (us) by the Republican state enterprise on the basis of the right of economic management “National institute of intellectual property”.
I agree to use the information that is protected by the Law of the Republic of Kazakhstan dated May 21, 2013 "On
personal data and their protection”, secrets contained in information systems in the provision of public services.
"___" _________ 20___
__________________
(signature of the author (-s))
| Appendix 2 to the Rules of entering information and changes into the State register of rights to objects protected by copyright |
List of basic requirements for the provision of the State Service “Entry of Data and Amendments Thereto in the State Register of Rights to Objects Protected by the Copyright Law”.
Footnote. The title - as reworded by order of the Minister of Justice of the Republic of Kazakhstan No. 819 dated 30.09.2022 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).
Footnote. Appendix 2 - as reworded by order of the Acting Minister of Justice of the Republic of Kazakhstan No. 494 dated 11.06.2021 (shall become effective ten calendar days after the date of its first official publication); as amended by orders of the Minister of Justice of the Republic of Kazakhstan No. 819 dated 30.09.2022 ( shall take effect ten calendar days after the date of its first official publication); No. 121 dated 15.02.2023 (shall be put into effect ten calendar days after the date of its first official publication).
1 | Name of the service provider | National Institute of Intellectual Property Republican State Enterprise on the Right of Economic Management of the Ministry of Justice of the Republic of Kazakhstan |
2 | Methods of providing the state service | e-government web portal www.egov.kz , www.kazpatent.kz. |
3 | Term of rendering the state service |
Term of rendering the state service - within one business day following the day of receipt of the application by the service recipient. |
4 | Form of rendering a state service | Electronic (fully automated) one |
5 | Result of rendering a state service | Issuance of a certificate on entering data into the Register (as per Appendix 4 to the Rules for Entering Information and Amendments Thereto into the State Register of Rights to Objects Protected by the Copyright Law (hereinafter referred to as the Rules), as well as entering data into the Register, or a reasoned refusal to provide the state service |
6 | The amount of payment charged from the service recipient when rendering a state service and methods of its collection in cases envisaged by the laws of the Republic of Kazakhstan |
The state service shall be rendered on a paid basis to natural persons (hereinafter - the service recipient) pursuant to the Prices for Services in Terms of Entering Data into the State Register of Rights to Objects Protected by the Copyright Law (hereinafter - Prices) and placed on the official websites of the competent authority www.adilet.gov.kz and the service provider www.kazpatent.kz. |
7 | Working hours |
The service provider - from Monday to Friday in compliance with the established work schedule from 9.00 a.m. to 6.30 p.m., excluding weekends and public holidays under the Labour Code of the Republic of Kazakhstan (hereinafter - the Code) and the Law of the Republic of Kazakhstan “On Holidays in the Republic of Kazakhstan” (hereinafter - the Law) with a lunch break from 1 p.m. to 2.30 p.m. |
8 | List of documents required for rendering the state service |
When entering data into the Register: |
9 | Grounds for refusal to provide services |
If the applicant fails to present a complete set of documents, the service provider shall refuse to accept the application. |
10 | Other requirements in view of the peculiarities of the provision of the state service, including those provided in electronic form and via the State Corporation |
An electronic digital signature shall be required to receive a state service via the web portal. |
| Appendix 3 to the Rules of entering information and changes into the State register of rights to objects protected by copyright |
|
| Form |
State register of rights to objects protected by copyright
№ of certificate | Date of registration | Date of receipt | Surname, name, patronymic (if it is indicated in the identity document) | Type of copyright object | Name of work | Date of creation of the copyright object (day, month, year) | Status |
| Appendix 4 to the Rules of entering information and changes into the State register of rights to objects protected by copyright |
|
| Form | |
| Republican state enterprise of the basis of the right of economic management “National institute of intellectual property” from ____________________________ residing at the address: ____________________________ phone:______________________ |
Application
on making changes to information in the State register of rights to objects protected by copyright
I (We) ____________________________________________________________
(last name, first name, patronymic (if it is indicated in the identity document) of the author (s))
individual identification number _____________________________
ask to cancel the information in the State register of rights to objects protected by copyright
under №__ dated "__" _____ ___.
___________________________________________________________________
___________________________________________________________________
__________________________________________________________________.
"___" _________ 20__
| Appendix 2 to the order of the Minister of Justice of the Republic of Kazakhstan dated August 28, 2018 № 1315 |
|
| Form |
Footnote. Form - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 19.03.2020 No. 104 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Авторлық құқықпен қорғалатын объектілерге құқықтардың
мемлекеттік тізілімге мәліметтерді енгізу туралы
КУӘЛІК
20__ жылғы "___" _________№ _____
Автордың (лардың) жөні , аты, әкесінің аты (егер ол жеке басын куәландыратын құжатта көрсетілсе):
__________________________________________________________________________
__________________________________________________________________________
Авторлық құқық объектісі: ___________________________________________________
Объектінің атауы: __________________________________________________________
Объектіні жасаған күні:______________________________________________________
CERTIFICATE
on entering information into the State register of
rights to objects protected by copyright
No. ______ dated "___" _________ 20__
Surname, name, patronymic (if it is indicated in the identity document) of the author (s):
__________________________________________________________________________
Type of copyright object: _____________________________________________________
Name of the object:__________________________________________________________
Object creation date: _________________________________________________________
