LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 12, 2012 No. 537-IV ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning intellectual property

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Criminal Code of Kazakhstan of July 16, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 15-16, of Art. 211; 1998, No. 16, Art. 219; No. 17-18, of Art. 225; 1999, No. 20, Art. 721; No. 21, Art. 774; 2000, No. 6, Art. 141; 2001, No. 8, Art. 53, 54; 2002, No. 4, Art. 32, 33; No. 10, Art. 106; No. 17, Art. 155; No. 23-24, of Art. 192; 2003, No. 15, Art. 137; No. 18, Art. 142; 2004, No. 5, Art. 22; No. 17, Art. 97; No. 23, Art. 139; 2005, No. 13, Art. 53; No. 14, Art. 58; No. 2122, Art. 87; 2006, No. 2, Art. 19; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 12, Art. 72; No. 15, Art. 92; 2007, No. 1, Art. 2; No. 4, Art. 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 17, Art. 140; 2008, No. 12, Art. 48; No. 13-14, of Art. 58; No. 17-18, of Art. 72; No. 23, Art. 114; No. 24, Art. 126; 2009, No. 6-7, of Art. 32; No. 13-14, of Art. 63; No. 15-16, of the Art. 71, 73, 75; No. 17, Art. 82, 83; No. 24, Art. 121, 122, 125, 127, 128, 130; 2010, No. 1-2, of Art. 5; No. 7, Art. 28, 32; No. 11, Art. 59; No. 15, Art. 71; No. 20-21, of Art. 119; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 9; No. 2, Art. 19, 28; The law of the Republic of Kazakhstan of November 9, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of law-enforcement activities and further humanization of the penal legislation", published in the newspapers "Egemen, Aza, Camp" on November 16, 2011 and "The Kazakhstan truth" on November 19, 2011; The Law of the Republic of Kazakhstan of November 29, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of organized crime, terrorist and extremist activities", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on December 3, 2011; The Law of the Republic of Kazakhstan of December 3, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan on environmental issues", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on December 8, 2011):

Heading of Article 184 to state 1) in table of contents in the following edition:

"Article 184. Violation of the author's and (or) related rights";

Article 184 to state 2) in the following edition:

"Article 184. Violation of the author's and (or) related rights

1. Assignment of authorship or coercion to co-authorship if this act did essential harm to the rights or legitimate interests of the author or other owner, including entailed significant damage,

it is punished by penalty in the amount of hundred to five hundred monthly settlement indicators or attraction to social jobs for a period of hundred till hundred eighty o'clock, or restriction of freedom for a period of up to two years.

2. Illegal use of objects author's and (or) the related rights, and is equal the acquisition, storage, movement or production of counterfeit copies of objects of copyright and (or) the related rights for the purpose of sale made in considerable size

are punished by penalty in the amount of five hundred to seven hundred monthly settlement indicators or attraction to social jobs for a period of hundred eighty till two hundred forty o'clock, or restriction of freedom for a period of up to one year.

3. Illegal use of objects author's and (or) the related rights by the organization, creation of Internet resources for further access to exchange, storage, movement of copies of works and (or) objects of the related rights in electronic digital format, caused significant damage,

it is punished by penalty in the amount of six hundred to eight hundred monthly settlement indicators or attraction to social jobs for a period of two hundred till two hundred forty o'clock, or restriction of freedom for a period of up to one year.

4. The acts provided by parts two and third this Article committed:

a) repeatedly;

b) group of persons by previous concert or organized group;

c) in large size or caused major damage;

d) person with use of the official position,

are punished by imprisonment for a period of two up to five years with confiscation of property or without that.".

2. In the Civil code of the Republic of Kazakhstan (General part) accepted by the Supreme Council of the Republic of Kazakhstan on December 27, 1994 (Sheets of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24 (appendix); 1995, No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 187; No. 14, Art. 274; No. 19, Art. 370; 1997, No. 1-2, of Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; No. 13-14, of the Art. 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; No. 17-18, of the Art. 224, 225; No. 23, Art. 429; 1999, No. 20, Art. 727, 731; No. 23, Art. 916; 2000, No. 18, Art. 336; No. 22, Art. 408; 2001, No. 1, Art. 7; No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 2, Art. 17; No. 10, Art. 102; 2003, No. 1-2, of Art. 3; No. 11, Art. 56, 57, 66; No. 15, Art. 139; No. 19-20, of Art. 146; 2004, No. 6, Art. 42; No. 10, Art. 56; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 10, Art. 31; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 2, Art. 18; No. 3, Art. 20, 21; No. 4, Art. 28; No. 16, Art. 131; No. 18, Art. 143; No. 20, Art. 153; 2008, No. 12, Art. 52; No. 13-14, of Art. 58; No. 21, Art. 97; No. 23, Art. 114, 115; 2009, No. 2-3, of the Art. 7, 16, 18; No. 8, Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 125, 134; 2010, No. 1-2, of Art. 2; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 21, 28; No. 3, Art. 32; No. 4, Art. 37; No. 5, Art. 43; No. 6, Art. 50; The Law of the Republic of Kazakhstan of July 22, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the housing relations", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on August 6, 2011):

to add part one of Item 1 of Article 106 with words "if other is not provided by the laws".

3. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; The Law of the Republic of Kazakhstan of July 22, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the housing relations", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on August 6, 2011):

The subitem 4) of Item 1 of Article 977 to state 1) in the following edition:

"4) the right to opening of access to the work to the uncertain group of people (the right to promulgation), except for the works created according to the procedure of accomplishment of service duties or office task of the employer.";

The subitem 2) of Item 2 of Article 978 to state 2) in the following edition:

"2) to distribute the original or copies of the work in any manner: sell, change, hand over in hire (for rent), make other transactions, including in open information and communication network (the right to distribution);";

To exclude 3) in item 4 of Article 991 of the word "and to industrially applicable";

5) of Item 1 of Article 999 the word of "ten" to replace 4) in the subitem with the word of "fifteen";

5) in Article 1020:

state Item 1 in the following edition:

"1. The legal entity has exclusive right to use trade name (article 38 of this Code) in official forms, printing editions, advertizing, signs, prospectuses, accounts, on Internet resources, on goods and their packaging and in other cases necessary for individualization of the legal entity.";

add with item 4 of the following content:

"4. If the trade name of one legal entity is identical or similar to extent of mixing with the trademark (service mark) of other legal entity or physical person performing business activity and as a result of such identity or similarity can mislead consumers, then the advantage will be had by means of individualization (trade name, the trademark, service mark) on which exclusive right arose earlier. The owner of such means of individualization according to the procedure, established by the legislation of the Republic of Kazakhstan, has the right to require recognition invalid provision of legal protection to the trademark (service mark) on homogeneous goods or services or prohibition on use of trade name.";

Item 1 of Article 1024 to add 6) with part three of the following content:

"If the trademark (service mark) of one legal entity or physical person performing business activity is identical or similar to extent of mixing with trade name of other legal entity and as a result of such identity or similarity can mislead consumers, then provisions, stipulated in Item 4 articles 1020 of this Code are applied.";

The word of "five" to replace 7) in Article 1028 part one with the word of "three".

4. In the Code of the Republic of Kazakhstan about administrative offenses of January 30, 2001 (The sheet of Parliament of the Republic of Kazakhstan, 2001, No. 5-6, of Art. 24; No. 17-18, of Art. 241; No. 21-22, of Art. 281; 2002, No. 4, Art. 33; No. 17, Art. 155; 2003, No. 1-2, of Art. 3; No. 4, Art. 25; No. 5, Art. 30; No. 11, Art. 56, 64, 68; No. 14, Art. 109; No. 15, Art. 122, 139; No. 18, Art. 142; No. 21-22, of Art. 160; No. 23, Art. 171; 2004, No. 6, Art. 42; No. 10, Art. 55; No. 15, Art. 86; No. 17, Art. 97; No. 23, Art. 139, 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 7-8, of Art. 19; No. 9, Art. 26; No. 13, Art. 53; No. 14, Art. 58; No. 17-18, of Art. 72; No. 21-22, of the Art. 86, 87; No. 23, Art. 104; 2006, No. 1, Art. 5; № 2, Art. 19, 20; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72, 77; No. 13, Art. 85, 86; No. 15, Art. 92, 95; No. 16, Art. 98, 102; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 16, 18; No. 3, Art. 20, 23; No. 4, Art. 28, 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 12, Art. 88; No. 13, Art. 99; No. 15, Art. 106; No. 16, Art. 131; No. 17, Art. 136, 139, 140; No. 18, Art. 143, 144; No. 19, Art. 146, 147; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 12, Art. 48, 51; No. 13-14, of the Art. 54, 57, 58; No. 15-16, of Art. 62; No. 20, Art. 88; No. 21, Art. 97; No. 23, Art. 114; No. 24, Art. 126, 128, 129; 2009, No. 2-3, of the Art. 7, 21; No. 9-10, of the Art. 47, 48; No. 13-14, of the Art. 62, 63; No. 15-16, of the Art. 70, 72, 73, 74, 75, 76; No. 17, Art. 79, 80, 82; No. 18, Art. 84, 86; No. 19, Art. 88; No. 23, Art. 97, 115, 117; No. 24, Art. 121, 122, 125, 129, 130, 133, 134; 2010, No. 1-2, of the Art. 1, 4, 5; No. 5, Art. 23; No. 7, Art. 28, 32; No. 8, Art. 41; No. 9, Art. 44; No. 11, Art. 58; No. 13, Art. 67; No. 15, Art. 71; No. 17-18, of the Art. 112, 114; No. 20-21, of Art. 119; No. 22, Art. 128, 130; No. 24, Art. 146, 149; 2011, No. 1, Art. 2, 3, 7, 9; No. 2, Art. 19, 25, 26, 28; No. 3, Art. 32; No. 6, Art. 50; No. 8, Art. 64; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 115, 116; No. 14, Art. 117; The Law of the Republic of Kazakhstan of July 22, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning population shift", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on August 6, 2011; The Law of the Republic of Kazakhstan of July 22, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the housing relations", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on August 6, 2011; The law of the Republic of Kazakhstan of October 11, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning religious activities and religious associations", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on October 15, 2011; The Law of the Republic of Kazakhstan of November 9, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of law-enforcement activities and further humanization of the penal legislation", published in the newspapers "Egemen, Aza, Camp" on November 16, 2011 and "The Kazakhstan truth" on November 19, 2011; The Law of the Republic of Kazakhstan of December 3, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan on environmental issues", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on December 8, 2011):

Heading of Article 129 to state 1) in table of contents in the following edition:

"Article 129. Violation of the author's and (or) related rights";

Article 129 to state 2) in the following edition:

"Article 129. Violation of the author's and (or) related rights

1. Illegal use of objects of copyright and (or) the related rights, and is equal acquisition, storage, movement or production of counterfeit copies of objects of copyright and (or) the related rights, except for uses in the Internet, for the purpose of sale, assignment of authorship or coercion to co-authorship if these actions do not contain signs of penal act,

attract penalty on physical persons in the amount of ten to fifteen, on officials - in the amount of twenty to thirty, on legal entities - in the amount of hundred to hundred fifty monthly settlement indicators with confiscation of copies of objects of copyright and (or) the related rights, and also the objects which were tools of making of offense.

2. The actions provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,

attract penalty on physical persons in the amount of fifteen to twenty, on officials - in the amount of thirty to fifty, on legal entities - in the amount of hundred fifty to two hundred monthly settlement indicators with confiscation of copies of objects of copyright and (or) the related rights, and also the objects which were tools of making of offense.

3. Illegal use of objects of copyright and (or) the related rights by placement on the Internet for the purpose of provision of access to the unrestricted group of people if this action does not contain signs of penal act,

attracts the prevention.

4. Illegal use of objects of copyright and (or) the related rights by the organization, creations of Internet resources for further access to exchange, storage, movement of copies of works and (or) objects of the related rights in electronic format if this action does not contain signs of penal act,

attracts penalty on physical persons in the amount of ten to fifteen, on officials - in the amount of twenty to thirty, on legal entities - in the amount of hundred to hundred fifty monthly settlement indicators with confiscation of copies of objects of copyright and (or) the related rights, and also the objects which were tools of making of offense.

5. The actions provided by parts three and the fourth this Article committed repeatedly within year after imposing of administrative punishment,

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