THE JOINT ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON FIGHT AGAINST ECONOMIC AND CORRUPTION CRIME OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of March 20, 2007 No. 55, on March 12, 2007 No. 101

About approval methodical recommendations about identification and investigation of criminal cases of crimes in the field of violation of intellectual property rights

For the purpose of ensuring efficiency of disclosure and investigation of crimes in the field of violation of intellectual property rights, we ORDER:

1. Approve the enclosed methodical recommendations about identification and investigation of criminal cases of crimes in the field of violation of intellectual property rights;

2. For increase эффектив to Nosta of detection of offenses in the field of violation of intellectual property rights, efficiency of their disclosure and quality of investigation of criminal cases the made methodical recommendations to use in daily activities.

3. To impose control of execution of this order on the first heads of DVD(T) of the Ministry of Internal Affairs of the Republic of Kazakhstan and regional Departments of the Agency of the Republic of Kazakhstan on fight against economic and corruption crime (financial police).

Approved by the joint order of the Chairman of the Agency of the Republic of Kazakhstan on fight against economic and corruption crime of March 20, 2007 No. 55 of the Minister of Internal Affairs of the Republic of Kazakhstan of March 12, 2007 No. 101

Methodical recommendations about identification and investigation of the crimes connected with violation of intellectual property rights

One of priority activities of the state bodies determined in the President's letter of the Republic of Kazakhstan "The strategy of inclusion of Kazakhstan to number of 50 most competitive countries of the world" is effective functioning of system of intellectual property rights, strengthening of reputation of Kazakhstan as tough guarantor of copyright protection and trademarks, and also forming in Kazakhstan of favorable conditions for production of goods with the protected intellectual property rights and - trademark.

The institute of intellectual property represents qualitatively new type of property which as well as any other type of property, needs effective protection.

The system of protection of intellectual property became integral part of national infrastructure now. Weight reasons to believe are had that the twenty first century will become era of intellectual economy in which development the key role will be had by creative activities and reliable system of its legal protection. The Republic of Kazakhstan as the full participant of the international cultural and scientifically technical exchange, being member of the World Intellectual Property Organization (WIPO), shall provide observance of the intellectual property rights, both the Kazakhstan, and foreign owners at the level meeting the accepted international standards.

Process of forming and development of the effective mechanisms providing protection of intellectual property items shall be based on the coordinated work of all law enforcement agencies within single information and legal space that would allow to create real premises for development and realization of national policy of the Republic of Kazakhstan in the field of protection of intellectual property items.

The problem of counteraction to the crimes connected with infringement of intellectual property rights is very urgent today. The fact of extraordinary high yield of replication and sale of products of intellectual property was quickly realized by criminal elements in many countries of the world what convincingly tell statistics figures about. In the world actually every 4th carrier of sound recording is counterfeit.

In spite of the fact that the legislation of most the states provides civil, administrative and criminal liability for copyright violation, for number of the objective and subjective reasons protection of valuable interests of authors and other owners is insufficiently effective today. Owners sustain considerable financial losses from illegal use of their works. According to the statistics annual losses of owners around the world reach more than 60 billion dollars a year.

Studying of investigative and court practice revealed number of problems in system of measures for identification and investigation of the facts of illegal use of copyright.

It concerns first of all the software markets, audiovisual products, book products, and also advertizing production. The most part sold in our country to audio and video of records is the counterfeit, made and extended without the corresponding permission authors and other owners.

In the circumstances the main thing - to provide the correct combination of interests of the author of the work, from the point of view of their sufficient remuneration, and interests of all society.

Protection of intellectual property rights in the Republic of Kazakhstan is regulated by the following laws:

- Civil code of the Republic of Kazakhstan;

- Criminal Code of Kazakhstan;

- The code of the Republic of Kazakhstan about administrative offenses;

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