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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
(Extraction)

(as amended on 11-06-2021)

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.

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.

Minister of Justice of the Republic of Kazakhstan

M. Beketayev

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 provision

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 Item 1 of article 9-1, of article 9-2 of the Law of the Republic of Kazakhstan of June 10, 1996 "About copyright and the related rights" (further - the Law) 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) the state register of the rights to the objects protected by copyright - the information system containing data on copyright of the objects protected by copyright, the authors brought based on statements;

3) 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;

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

5) the expert organization - 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;

6) 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 entering of data into the Register

3. The basis for entering of data into the Register is filing of application by the author personally or through other representative with provision of the electronic copy of the notarized power of attorney (further - the applicant) or the judgment which took legal effect.

4. Entering of data into the Register is made within one working day following behind day of receipt of the statement by the expert organization.

5. Filing of application is performed by means of the web portal of "the electronic government" (further - the web portal).

6. The applicant for filing of application enters private office on the web portal by means of the EDS.

7. The application for entering of data into the Register in form according to appendix 1 to these rules is submitted by the applicant on the web portal electronically in the state or Russian languages.

8. For entering of data into the Register by the service provider the payment made by uslugopoluchatel through private office of the web portal according to the Service prices regarding entering of data into the State register of the rights to the objects protected by copyright (further – the Prices) posted on the official sites of www.adilet.gov.kz authorized body and the service provider of www.kazpatent.kz is levied.

In case of need the applicant the copy of the document confirming the bases for reduction of the amount of payment is submitted.

Payment is performed by non-cash method through payment gateway of bank of the second level integrated with information system of the service provider of newcab.kazpatent.kz.

Privileges on reduction of the amount of payment are represented to the following persons:

1) to participants of the Great Patriotic War;

to persons equated on privileges to participants of the Great Patriotic War:

military personnel, and also persons of the commanding and ordinary structure of law-enforcement bodies and state security of the former USSR serving during the period the Great Patriotic War in the cities, participation in which defense was set off till January 1, 1998 in length of service for award of pension on favorable terms, the parts of field army established for the military personnel;

the faces of civilian structure of the Soviet Army, Navy, troops and law-enforcement bodies and state security of the former USSR holding established posts in the military units, headquarters, organizations which were part of field army in the period of the Great Patriotic War, or being during the corresponding periods in the cities, participation in which defense was set off till January 1, 1998 in length of service for award of pension on favorable terms, the parts of field army established for the military personnel;

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