Head teacher Smagulova D.S.
2
year student Saginbaeva A.
Professorial
chair of custom, financial and ecological law
Kazakh National University named Al-Farabi
Certain
questions of copyright in Republic of Kazakhstan.
Nowadays,
the topic of copyright is one of the important not only in Kazakhstan, but also
throughout the world. Individual elements of rights of intellectual property
(copyright appeared for a long time ago, we can say that the social, political,
cultural significance of works of art and science were recognized throughout
historical humanity.)
In
ancient Greece, there were rules similar to modern, on the integrity of the
work: the texts are not subject to distortion, had fully penetrated with the
audience, according to the author's idea of Aeschylus, Sophocles, Euripides,
that is, for this establishes control over respective execution . Even while
the results of creative activity is not the object of economic exchange, market
relations, there was nothing to plunder, nothing to protect. With the advent of
printing emerged an opportunity to sell their own poems, inventions and other
intellectual property. Scope of work becomes wider, but nevertheless had its
drawbacks. Authors-creators underwent losses, competitors did not carry in turn
costs. Until patent law everyone had the opportunity to take advantage of the
goods of another, that is, this situation slowed technological progress, the
dissemination of cultural values. With the development of civilization the way
was opened for exploitation of the results of creative activities, demand of
it's protect was appeared. The world's first patent was issued in 1421 by the
City Government of Florence in the name of Filippo Brunelleschi, who invented the
rotary valve. [1] "Law" of
inventors first mentioned in the Charter of Venice from 19/03/1474, at which
are recognized" moral rights". England is the birthplace of copyright
and patent rights. [2]
One
of the priorities of socio-economic development of the State on the basis of
the message of the President of the State is to create favorable conditions for
the protection of citizens ' rights, the protection of copyright. Copyright
protection is perceived as one of the important conditions to ensure thorough
and increasing economic growth of the republic and of particular importance in
the run-up to accession to the WTO. [3] In accordance with the
"Declaration of the Republic of Kazakhstan on international treaties in
the field of industrial property protection," Kazakhstan is a full member
of a number of essential contracts, agreements and conventions administered by
the World Intellectual Property Organization (WIPO) in 1952 and the Berne
Convention for the Protection of Literary and Artistic Works of 1886, which
determines the demand for a study of the problems relating to the protection of
copyrights of authors and other copyright holders.
Objects of intellectual
property rights and the base of their origin was defined in the Republic of
Kazakhstan's legislation. There are corresponding criminal and administrative
responsibility for violations of this rights. With that, the Laws "On
Copyright and Related Rights", "Patent Law of the Republic of
Kazakhstan", "On Trademarks, Service Marks and Appellations of Origin"
were adopted in Kazakhstan. If we consider the history of the development of
copyright law in Kazakhstan, it is connected with the Russian. After taking of
independence, the Law "About copyright and allied right" was defined
since July 9, 1993, similar law was defined in the Republic of Kazakhstan since
July 10, 1996.From that moment a new period of copyrighting development was
begun, which has been continuing to
this day. [4]
Copyright is understood
as the totality of the providing rights (powers) for author, necessary to
protect his interests, arising in connection with the creation of the work and
using by society. Copyrights are divided into two categories: private property
rights and moral rights.
Personal moral rights
include the author's creative interests associated with public analysis of the
product, and do not have a preemptive work. Property rights, on the contrary,
have economic value and subject to monetary evaluation. They can be transferred
to other persons in accordance with conclusion of a contract. These rights in
the legal literature were named as the exclusive rights.
According to the Law
"On Copyright and Related Rights" since 10.06.1996 moral rights
include the following rights: the right of authorship, the right to a name, the
right to make changes, the right to disclosure of a work, the right to
inviolability of the work, the right to protection of reputation author.
Private property rights are understood as "the exclusive right to use the
work in several form or by several ways." Copyright for a work arises from
the moment of giving objective form, accessible to the perception of third
persons. Copyright is valid throughout life of the author and seventy years
after his death, upon the expiration of time transferred into the public
domain. [5] There is now widespread and carefully developed by legislation of
Kazakhstan a number of amendments to the Civil Code, which is one of the main
objects in the regulation of creative activity, in addition, there are also a
number of other legal acts and laws also directly regulating this or other
intellectual property in the fields.
Thus, universality of
copyright protection is not point is protected, but the form of the work. In
the legislature's plan it is expressed "Copyright does not distribute for
the properties, ideas, concepts, principles, methods, systems, processes,
facts». Where the product is, in turn, is the unity of form and content. There
are so many points of view and opinions relating to the copyright, which is
difficult to entirely cover immediately.
Literature
1. http:
//samogo.net/samyie-pervyie-patentyi-i-torgovyie-marki-v-istorii.html
2. http:
//library.sgu.ru/gazeta/index.php? Id = 2008-1 & n = 2008-1-5
3. NA Nazarbayev Message
from the President to the people of Kazakhstan, Kazakhstan truth. 2006.
4. Civil Code of the
Republic of Kazakhstan (as amended as of 29.12.2014)
5. Law the Republic of
Kazakhstan dated June 10, 1996 ¹ 6-I
On Copyright and Related
Rights (as amended as of 29.09.2014)