ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 28, 2018 No. 1315

About approval of Rules of introduction of data and their changes in the State register of the rights to the objects protected by copyright and forms of the certificate confirming introduction in it of data, and their changes

According to Item 1 of article 9-1 of the Law of the Republic of Kazakhstan of June 10, 1996 "About copyright and the related rights" PRIKAZYVAYU:

1. Approve:

1) Rules of introduction of data and their changes in the State register of the rights to the objects protected by copyright according to appendix 1 to this order;

2) the Form of the certificate on entering of data into the State register of the rights to the objects protected by copyright.

2. To provide to department on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order in the Ministry of Justice of the Republic of Kazakhstan its direction in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan;

4) No. 121 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 15.02.2023

3. To impose control of execution of this order on the supervising Vice-Minister of Justice of the Republic of Kazakhstan.

4. This order becomes effective since September 23, 2018 and is subject to official publication.

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of August 28, 2018 No. 1315

Rules of introduction of data and their changes in the State register of the rights to the objects protected by copyright

Chapter 1. General provisions

1. These rules of introduction of data and their changes in the State register of the rights to the objects protected by copyright (further – Rules), are developed according to Items 1 and 6 of article 9-1 of the Law of the Republic of Kazakhstan of June 10, 1996 "About copyright and the related rights" (further - the Law) and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" and determine procedure for introduction of data and their changes in the State register of the rights to the objects protected by copyright (further – the Register).

2. The basic concepts used in these rules:

1) the author – physical person which creative activity creates the work of science, literature, art;

2) No. 121 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 15.02.2023

3) the state service – one of the forms of realization of the separate state functions performed in individual procedure according to the address or without address of uslugopoluchatel and directed to realization of their rights, freedoms and legitimate interests, provision of the corresponding material or non-material benefits by it;

4) private office – the electronic office of uslugopoluchatel intended for filing of application for entering of data into the State register of the rights to the objects protected by copyright and their changes;

5) the Register – the information system containing data on copyright of the objects protected by copyright, the authors brought based on statements;

6) the certificate – the document confirming entering of data into the State register of the rights to the objects protected by copyright;

7) the service provider – the organization created according to the decision of the Government of the Republic of Kazakhstan in form of business of the republican state company on the right of economic maintaining subordinated in the activities to authorized body;

8) the digital signature (further – the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

Chapter 2. Procedure for rendering the state service

3. The state service appears the Republican state company on the right of economic maintaining "National institute of intellectual property" of the Ministry of Justice of the Republic of Kazakhstan (further – the service provider).

4. The basis for entering of data into the Register is filing of application about entering of data into the State register of the rights to the objects protected by copyright (further - the statement), the author personally or through other representative with provision of the electronic copy of the notarized power of attorney (further – uslugopoluchatel) in form according to appendix 1 to these rules.

5. For receipt of the state service the uslugopoluchatel sends to the service provider by means of the web portal of "the electronic government" (further – the web portal):

1) the statement in form according to appendix 1 to Rules;

2) work copy.

Instead of work copy sketches, drawings, drawings or photos, and concerning programs for the electronic computer (EC) or databases – the paper including the name of the program or the database, surname, name, middle name (if it is specified in the identity document) the author, date of creation, scope, appointment, functionality, the main technical characteristics, programming language, type of the implementing EVM, and also the source code (source text) can be enclosed to the application;

3) concerning the compound or derivative work the copy of the author's agreement signed with author(s) or the owner of the original work in addition is submitted. If in the compound work works of other authors which term of protection expired for date of filing of application by uslugopoluchatel are used, the author's agreement is not required. In case of the expiration of protection of the work on the basis of which the derivative work is created submission of the author's contract with the author of the main work is not required;

4) concerning works of religious content the electronic copy of the positive conclusion of theological examination in addition is submitted.

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