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" I ORDER:

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) personal account – 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 COMPUTER, 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.

In case of modification of data of the Register - the statement for modification of data in the State register of the rights to the objects protected by copyright in form according to appendix 4 to Rules.

6. The main requirements to rendering the state service including characteristics of process, form, content and result of rendering and also other data taking into account features of provision of the state service are provided in the list of the main requirements to rendering the state service "Entering of Data and Their Changes into the State Register of the Rights to the Objects Protected by Copyright" according to appendix 2 to these rules.

7. In the course of rendering the state service the chief of the department and (or) the deputy manager of management of the service provider writes the statement and documents to the employee of management during 2 (two) working hours after filing of application. The employee of management of the service provider considers the application and documents and draws up result of rendering the state service during 7 (seven) working hours.

The chief of the department or the deputy manager of the service provider approve result of rendering the state service. The head of the service provider signs result of rendering the state service within 1 (one) hour.

8. For entering of data into the Register by the service provider the payment made by uslugopoluchatel through personal account 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;

persons who in the period of the Great Patriotic War were in structure of parts, headquarters and organizations, being part of field army and fleet, as sons (pupils) of regiments and ship's boys;

persons who were involved in fighting against fascist Germany and its allies in the years of World War II in the territory of foreign countries as a part of guerrilla groups, underground groups and other anti-fascist forming;

workers of special forming of the National commissariat of means of communication, National commissariat of communication, floating structure of harvesting and transport courts and flight and lifting structure of aircraft, National commissariat of fish industry of the former USSR, sea and river fleet, the flight and lifting list of Glavsevmorputi who in the period of the Great Patriotic War were transferred to provision of the military personnel and carried out tasks for the benefit of field army and the fleet within rear borders of the operating fronts, operational zones of the fleet, and also members of the crews of vessel of the transport fleet interned at the beginning of the Great Patriotic War in ports of other states;

the citizens working during blockade in the city of Leningrad at the companies, in organizations and the organizations of the city and awarded with the medal "For Defense of Leningrad" or the sign "Resident of Besieged Leningrad";

the minor prisoners of concentration camps, ghetto and other places of detention created by fascists and their allies during World War II;

the persons who were taking part in mitigation of consequences of catastrophic crash on the Chernobyl nuclear power plant in 1986 - 1987, other radiation catastrophic crashes and accidents on objects civil or military, and also participating directly in nuclear testing;

to combat veterans in the territory of other states:

military personnel of the Soviet Army, Navy, Committee for State Security, faces of the commanding and ordinary structure of the Ministry of Internal Affairs of the former USSR (including military specialists and advisers) who according to decisions of governmental bodies of the former USSR were involved in fighting in the territory of other states;

the persons liable for call-up called on training sessions and going to Afghanistan during conducting combat operations;

the military personnel of automobile battalions going to Afghanistan for cargo delivery to this country during conducting combat operations;

the military personnel of aircrew making departures on fighting tasks to Afghanistan from the territory of the former USSR;

the workers and employees who were servicing the Soviet military contingent in Afghanistan, got wounds, contusions or mutilations or awarded with awards and medals of the former USSR for participation in ensuring fighting;

the military personnel of the Republic of Kazakhstan who was carrying out tasks according to interstate contracts and agreements on strengthening of protection of border of the Commonwealth of Independent States on the Tajik-Afghan site;

the military personnel of the Republic of Kazakhstan who was taking part as peacekeepers in the international peacekeeping transaction in Iraq;

military personnel, and also persons of the commanding and ordinary structure of law-enforcement bodies and state security of the former USSR who were taking part in settlement of the interethnic conflict in Nagorno-Karabakh;

Heroes of Socialist Work, gentlemen of awards of Glory of three degrees, Labour Glory of three degrees;

persons, the awarded ranks "Kazakstannyn Enbek Er _";

persons awarded with awards and medals of the former USSR for dedicated work and faultless military service in the back in days of the Great Patriotic War;

the persons who worked (served) at least six months from June 22, 1941 to May 9, 1945 and are not awarded with awards and medals of the former USSR for dedicated work and faultless military service in the back in days of the Great Patriotic War;

2) to disabled people, and also one of the disabled person's parents since the childhood;

3) to kandasa;

4) minor.

Privileges are provided in the amount of 95 (ninety five) percent from the price established for entering of data into the Register on condition of submission of supporting documents about belonging to any category of persons specified in this Item.

9. According to Item 3 of article 9-1 of the Law of the data on copyright of the works created in separate co-authorship can be entered in the Register separately in case of specifying on it any of coauthors in the statement.

9-1. In case of modification and (or) amendments to these rules the authorized body sends to the operator of information and communication infrastructure of "the electronic government", to Single contact center, to the service provider information on such changes and (or) amendments within three working days after state registration in judicial authorities of the corresponding regulatory legal act.

10. According to item 4 of article 9-1 of the Law data on the rights to the works serving (intended) for difference of goods (services) of one physical persons or legal entity from homogeneous goods (services) of other physical persons or legal entities are not entered in the Register.

11. According to Item 8 of article 9-1 of the Law of the copy of documents, the copy of the corresponding work and (or) its description are represented to the third parties with the consent of the author, except as specified, established by the laws of the Republic of Kazakhstan.

12. Data are entered in the Register in form according to appendix 3 to these rules within 1 (one) working day following behind day of receipt of the statement of the author.

13. Based on the data entered in the Register the certificate on entering of data into the Register in form according to appendix 2 to this order (further - the certificate) during 7 (seven) working hours is granted. The certificate is filled in in the state and Russian languages.

14. In case of representation by uslugopoluchatel of incomplete document package and in case of non-compliance with requirements of article 9-1 of the Law by the service provider the motivated refusal about entering of data into the Register during 7 (seven) working hours goes.

15. In the Register the error corrections of technical nature which are not changing accessory, nature or contents of the entered data within one working day from the date of receipt of the statement of the applicant are possible.

At the same time entering into the Register of changes in communication of c error correction of technical nature is performed within 1 (one) working day which is following behind day of receipt by the service provider of the statement for modification of data in the Register in form according to appendix 4 to these rules, or took legal effect of the judgment.

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of the service provider and (or) his officials concerning rendering the state service

16. Appeal of decisions, actions (failure to act) of the service provider and (or) his officials concerning rendering the state service is performed by submission of the claim addressed to the head of the service provider in electronic format on Internet resources of www.adilet.gov.kz authorized body (phone: 8 (7172) 55-87-35) and service provider of www.kazpatent.kz (phone: 8 (7172) 55-16-37), through "personal account" on the web portal, and also in writing by mail or purposely through office of the service provider to the address: Nour-Sultan's city, Prospekt Mang_l_k El, 57A and the Ministries of Justice of the Republic of Kazakhstan to the address: Nour-Sultan's city, Prospekt Mang_l_k El, 8, house of the Ministries 13th entrance.

Confirmation of adoption of the claim is its registration (stamp, the entering number and date) in office of the service provider with indication of surname and initials of person which accepted the claim. The claim is signed by uslugopoluchatel.

Information on procedure for appeal through the web portal can be obtained by phones of Single contact center 1414, 8-800-080-7777.

The claim of uslugopoluchatel which arrived to the service provider is subject to consideration within 5 (five) working days from the date of its registration. The motivated answer about results of consideration of the claim goes to uslugopoluchatel by mail or is issued purposely in office of the service provider.

In disagreement cases with results of the rendered state service the uslugopoluchatel addresses with the claim the service provider and (or) in the Ministry of Justice of the Republic of Kazakhstan, and also in authorized body by assessment and control of quality of rendering the state services.

The claims of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services are considered within 15 (fifteen) working days from the date of its registration.

17. In disagreement cases with results of the rendered state service, the uslugopoluchatel takes a legal action according to the procedure, established by the legislation of the Republic of Kazakhstan.

 

Appendix 1

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

Form

The statement for entering of data into the State register of the rights to the objects protected by copyright

I (We) ______________________________________________________________________________________

(surname, name, middle name (if it is specified in the identity document)) the author(s))

individual identification number this is to confirm (-I eat) that I am (-I am eaten)

single author(s) of unpublished

____________________________________________________________________________________________
                                                      (copyright object type)

created by me (us) ______________________________________________________________________
                                                       (number, month, year of establishment of object)

under the name

____________________________________________________________________________________________

also I ask (-this) to enter data in the State register of the rights to the objects protected by copyright.

Legal value of the fact of entering of data into the State register of the rights to the objects protected by author's

the right the Republican state company on the right of economic maintaining "National institute

to intellectual property", me (us) are explained.

He agrees to use of data, components the secret protected by the Law of the Republic of Kazakhstan of May 21, 2013 "About the personal data and their protection" containing in information systems when rendering the state services.

"___" _________ 20 ___ years
__________________
(signature of the author(s))

Appendix 2

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

List of the main requirements to rendering the state service "Entering of Data and Their Changes into the State Register of the Rights to the Objects Protected by Copyright"

1	Name of the service provider	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
2	Methods of provision of the state service	web portal of "the electronic government" www.egov.kz, www.kazpatent.kz.
3	Term of rendering the state service	The term of rendering the state service – within one working day following behind day of receipt of the statement uslugopoluchatel. In the Register the errors of technical nature which are not changing accessory, nature or contents of the entered data within one working day from the date of receipt of the statement of uslugopoluchatel can be corrected.
4	Form of rendering the state service	Electronic (completely automated)
5	Result of rendering the state service	Issue of the certificate on entering of data into the Register (according to appendix 4 to Rules of introduction of data and their changes in the State register of the rights to the objects protected by copyright (further - Rules), and also entering of data into the Register, or motivated refusal in rendering the state service
6	The amount of the payment levied from uslugopoluchatel when rendering the state service and methods of its collection in cases, stipulated by the legislation the Republic of Kazakhstan	The state service is rendered on paid basis to physical persons (further – uslugopoluchatel) according to Service prices regarding entering of data into the State register of the rights to the objects protected by copyright (further – the Prices) and posted on the official sites of www.adilet.gov.kz authorized body and the service provider of www.kazpatent.kz. For entering of data into the Register by the service provider the payment made by the applicant through personal account of the web portal 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. The basis for reduction of the amount of payment are privileges which are represented to the following persons: Participants of the Great Patriotic War and persons equated to them according to article 10 of the Law of the Republic of Kazakhstan of April 28, 1995 "About privileges and social protection of participants, disabled people of the Great Patriotic War and persons equated to them" (further – the Law of April 28, 1995) represent 1): the copy of the certificate of the participant of the Great Patriotic War, or the copy of the pension certificate with mark of the right to privileges, or the copy of the certificate to the medal "For Defense of Leningrad" or to sign to "The resident of besieged Leningrad", or the copy of the certificate of the former minor prisoner, or the archive certificate of forced content in the concentration camps, ghetto and other places of detention created by fascists and their allies during World War II, or the copy of the references from military commissariat confirming participation in fighting in the territory of other states or the copy of the military ID with mark about participation in fighting in the territory of other states, or the copy of the document confirming work on servicing of the Soviet military contingent in Afghanistan or the copy of the medical documents confirming wound, contusion, mutilation, or the copy of the certificate to awards and medals of the former USSR for participation in ensuring fighting or the copy of the certificate of the participant of mitigation of consequences of catastrophic crash on the Chernobyl NPP, or the copy of the document confirming participation in mitigation of consequences of catastrophic crash on the Chernobyl NPP or other radiation catastrophic crashes and accidents on objects civil or military participation is direct in nuclear testing and doctrines, or the copy of the reference from military commissariat or Committee on emergency situations of the Ministry of Internal Affairs of the Republic of Kazakhstan confirming the fact of participation in liquidation of radiation catastrophic crashes and accidents on subjects to military or civil appointment, participations is direct in nuclear testing and doctrines; persons awarded with awards and medals of the former USSR for dedicated work and faultless military service in the back in days of the Great Patriotic War, the persons who worked (served) at least six months from June 22, 1941 to May 9, 1945 and are not awarded with awards and medals of the former USSR for dedicated work and faultless military service in the back in days of the Great Patriotic War - the copy of the service record or the copy of other documents containing data on work from June 22, 1941 to May 9, 1945 (the document, the containing data on the periods of work issued from place of employment, and also archive organizations, or statements from orders, personal accounts and distribution slips of the salary, or the membership card or accounting card of members of the Communist Party or labor unions, or the decision of the commissions on establishment of length of service, to destination pensions, performing activities according to earlier existing legislation, or decisions of the courts, either decisions of the special commissions, or certificate of the right to privileges, issued till 1998, or the references confirming the study fact in factory schools), either the copy of the military ID, or the copy of the reference containing data on the period of military service from June 22, 1941 to May 9, 1945 according to the Law of April 28, 1995; 2) to disabled people, and also one of the disabled person's parents since the childhood; 3) to kandasa; 4) minor. Privileges are provided in the amount of 95 (ninety five) percent from the price established for entering of data into the Register on condition of submission of supporting documents about belonging to any category of persons stated in Item above.
7	Working schedule	The service provider - Monday through Friday according to the established working schedule from 9:00 till 18:30 o'clock, except for days off and holidays according to the Labor code of the Republic of Kazakhstan (further - the Code) and to the Law of the Republic of Kazakhstan "About holidays in the Republic of Kazakhstan" (further - the Law) with lunch break from 13:00 to 14:30 o'clock. The web portal - round the clock, except for technical breaks in connection with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays, reception of an application and issue of result of rendering the state service is performed the next working afternoon according to the Code and the Law).
8	List of documents necessary for rendering the state service	When entering data into the Register: 1) the statement in form according to appendix to 1 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 COMPUTER, 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. In case of modification of data of the Register – the statement in form according to appendix 4 to Rules.
9	The bases for refusal in rendering	In case of representation by the applicant of incomplete document package, the service provider refuses reception of an application. The service provider refuses rendering the state service in case of non-compliance with requirements of article 9-1 of the Law of the Republic of Kazakhstan of June 10, 1996 "About copyright and the related rights".
10	Other requirements taking into account features of rendering the state service including rendered electronically and through the State corporation	Receipt of the state service through the web portal requires availability of the digital signature. Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of web portal "personal account", and also Single contact center. Contact telephone numbers of service desks concerning rendering the state service: 8 (7172) 62 15 15, 8 (7172) 62 15 16. Single contact center - 1414, 8 800 080 7777.

Appendix 3

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

Form

The state register of the rights to the objects protected by copyright

certificate No.	Registration date	Date of postpleniye	Surname, name, middle name (if it is specified in the identity document)	Copyright object type	Name of proizveniye	Date of creation of object of copyright (number, month, year)	Status

 

Appendix 4

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

Form

The statement for modification of data in the State register of the rights to the objects protected by copyright

I (We) ____________________________________________________________

(surname, name, middle name (if it is specified in the identity document) the author(s))

individual identification number _____________________________

I ask to cancel (this) data in the State register of the rights on

the objects protected by copyright for No. __ from "__" _____ ___ years.

___________________________________________________________________

___________________________________________________________________

__________________________________________________________________.

"___" _________ 20 __ years

Appendix 2

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

Form

Avtorlyk кукыкпен коргалатын to objekt_lerga кукыктардын мемлекеттік to t_z_l_mga маліметтерді to eng_z of turala КУАЛІК

20 __ zhylga "___" _________                                    No. _____

Avtordyn (лардын) wives і, ata, акесінн ata (Eger ол to zheka басын куаландыратын kuzhatta to korset_lsa): ________________________________

___________________________________________________________________

Avtorlyk кукык объектісі: _________________________________________

Objekt_n_n of ataua: _______________ _________________________________

Объектіні жасаган куí³:____________________________________________

The certificate on entering of data into the State register of the rights to the objects protected by copyright

No. ______                                                       from "___" _________ 20 __ years

Surname name middle name (if it is specified in the identity document) the author(s): ____________________________________________

___________________________________________________________________

Copyright object type: _____________________________________

Name объекта:__________________________________________________

Date of creation объекта:_____________________________________________

 

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