Copyright law of Kazakhstan

Last updated

Reverse of a 500 KZT banknote, which belongs to a class of works not normally protected by the copyright law of Kazakhstan KZ500KZT2017reverse.jpg
Reverse of a 500  KZT banknote, which belongs to a class of works not normally protected by the copyright law of Kazakhstan

In Kazakhstan, the laws on copyright offer protection for the holders of certain intellectual property rights based on the creation of a work. [2] [3]

Contents

Overview

The current laws are based on a law first adopted by Kazakhstan in 1996, and last amended in 2015. [4] [lower-alpha 2] The laws largely follow the standards of the Berne Convention and the World Intellectual Property Organization (WIPO). [5]

In general, works that are eligible for protection have a copyright term that ends 70 years after the death of the author. [2]

Enforcement

There are no specialized intellectual property courts in Kazakhstan. [6] Civil cases are brought up in ordinary civil courts. [6] Cases dealing with administrative or criminal matters are addressed in administrative or criminal courts. [6]

International treaties

The Berne Convention entered into force in Kazakhstan on 12 April 1999. [7] The WIPO Copyright Treaty entered into force on 12 November 2004. [8]

Notes

Marcel Burkhard's photo Lachmoewe2cele4.jpg
Marcel Burkhard's photo
  1. Two of the birds depicted on the note appear to be based on photos taken by Marcel Burkhard and Kate Tester, and may have been copied without permission. [1] As it is unclear whether or not the banknote, a derivative work, can normally be reproduced without credit, this footnote provides the proper credit here.
  2. The 2015 amendment did not enter into force until 2016. [4]

Related Research Articles

<span class="mw-page-title-main">WIPO Copyright Treaty</span>

The World Intellectual Property Organization Copyright Treaty is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright to respond to advances in information technology since the formation of previous copyright treaties before it. As of August 2023, the treaty has 115 contracting parties. The WCT and WIPO Performances and Phonograms Treaty, are together termed WIPO "internet treaties".

<span class="mw-page-title-main">World Intellectual Property Organization</span> Specialised agency of the United Nations

The World Intellectual Property Organization is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020.

The copyright law of the European Union is the copyright law applicable within the European Union. Copyright law is largely harmonized in the Union, although country to country differences exist. The body of law was implemented in the EU through a number of directives, which the member states need to enact into their national law. The main copyright directives are the Copyright Term Directive, the Information Society Directive and the Directive on Copyright in the Digital Single Market. Copyright in the Union is furthermore dependent on international conventions to which the European Union or their member states are part of, such as TRIPS Agreement or the Berne Convention.

List of international public law topics:

The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property. The convention is still in force in 2023. The substantive provisions of the Convention fall into three main categories: national treatment, priority right and common rules.

The WIPO Performances and Phonograms Treaty is an international treaty signed by the member states of the World Intellectual Property Organization and was adopted in Geneva on 20 December 1996. It came into effect on 20 May 2002. As of August 2023, the treaty has been 112 contracting parties.

Intellectual property rights (IPRs) have been acknowledged and protected in China since 1980. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent.

The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations also known as the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations and the Rome Convention, 496 U.N.T.S 43, was accepted by members of the United International Bureaux for the Protection of Intellectual Property (BIRPI), the predecessor to the modern World Intellectual Property Organization, on 26 October 1961. The Diplomatic Conference was jointly convened by BIRPI, the International Labour Organisation, and the United Nations Educational, Scientific and Cultural Organization. The agreement extended copyright related rights protection for the first time to entities or individuals who are not the author but have a close relationship to a copyrighted work, including performers, sound recording producers and broadcasting organizations. As of August 2021, the treaty has 96 contracting parties, with a party defined as a State which has consented to be bound by the treaty and for which the treaty is in force.

The Copyright Act 1957 as amended governs the subject of copyright law in India. The Act is applicable from 21 January 1958. The history of copyright law in India can be traced back to its colonial era under the British Empire. The Copyright Act 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957. The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012.

Copyright in Russia developed originally along the same lines as in Western European countries. A first copyright statute dated back to 1828, and in 1857, a general copyright term of fifty years was instituted. The copyright law of 1911 was inspired by Western laws of the continental European tradition. One noteworthy exception in Russian copyright law was the "freedom of translation"—any work could be freely translated into another language.

The rule of the shorter term, also called the comparison of terms, is a provision in international copyright treaties. The provision allows that signatory countries can limit the duration of copyright they grant to foreign works under national treatment to no more than the copyright term granted in the country of origin of the work.

The international copyright relations of Russia were virtually non-existent for much of the Imperial era continuing into the history of the Soviet Union until the Cold War. The Russian Empire had only a few bilateral copyright treaties with other nations were concluded; these treaties moreover were weak and of short duration. The treaties from Imperial times had all expired by the time of the Russian Revolution.

<span class="mw-page-title-main">Berne Convention</span> 1886 international assembly and treaty

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, border-crossing system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright, on the European continent they are generally referred to as author' rights or makerright.

Copyright law in Syria is regulated by the Copyright and Neighbouring Rights Law issued by Legislative Decree No. 62 of 2013. The Syrian Ministry of Culture, through its Copyright Office, is generally in charge of proposing copyright legislation to Parliament.

<span class="mw-page-title-main">WIPO Lex</span>

WIPO Lex is an online global database launched in 2010, which provides free public access to intellectual property laws, treaties and judicial decisions from around the world. The World Intellectual Property Organization (WIPO) maintains and develops the database.

Republic Act No. 8293, otherwise known as The Intellectual Property Code of the Philippines lays down the rules and regulations that grant, and enforce patents in the Philippines. Patents may be granted to technical solutions such as an inventions, machines, devices, processes, or an improvement of any of the foregoing. The technical solution must be novel, innovative, and industrially useful. In order for a technical solution to be granted a patent, the inventor must file an application to the Bureau of Patents, which will examine, and in some cases, grant its approval. The law is designed as to foster domestic creativity, to attract foreign investors, and to motivate inventors to release their products for public access.

The Constitution of Azerbaijan generally recognizes the right to intellectual property (IP), and ensures the protection of IP rights of all persons. In order to clarify the norm of Constitution, and establish the legal basis of the protection of intellectual property rights, the parliament of Azerbaijan approved some laws, and ratified international agreements.

<span class="mw-page-title-main">Copyright law of Moldova</span>

The copyright law of Moldova regulates the copyright laws of Moldova. The first official decree related to copyright in the country was made on 25 November 1991, shortly after its independence on 27 August of the same year. On 25 May 1991, the State Agency on the Protection of Industrial Property (AGEPI) was created, making it the second copyright agency in the country together with the State Agency for Copyright (ADA). In 1993, Moldova signed an agreement on cooperation in the protection of copyright and the related rights between it and other countries, all members of the Commonwealth of Independent States (CIS), which only came into force in 1999. By the time of this year, Moldova had already created its official copyright law: Law No. 293-XIII, from 1994 but applied since 1995.

References

  1. "Picton woman sees her photo on foreign bill – Picton Gazette". pictongazette.ca. Archived from the original on 2023-11-05. Retrieved 2023-11-05 via Archive.today.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  2. 1 2 "Copyright Protection In Kazakhstan - Copyright - Kazakhstan". www.mondaq.com.
  3. "WIPO Lex, Kazakhstan, Law of the Republic of Kazakhstan No. 6-I of June 10, 1996, on Copyright and Related Rights (as amended up to Law of the Republic of Kazakhstan No. 419-V of November 24, 2015)".
  4. 1 2 "WIPO Lex".
  5. "Kazakhstan". 2001-2009.state.gov.
  6. 1 2 3 "Q&A: IP rights in competition in Kazakhstan - Lexology". www.lexology.com.
  7. "TREATY/BERNE/199: [Berne Convention] Accession by the Republic of Kazakhstan". www.wipo.int.
  8. "TREATY/WCT/50: [WCT Treaty] Ratification by the Republic of Kazakhstan". www.wipo.int.