Zhetpisbaev B.A.

Doctor of Law, professor of Law faculty, Al-Farabi Kasakh National University

Zhanibekov A.K.

Doctor of PhD, associate professor of Department of Criminal law, Criminal procedure and Criminalistics, Law faculty, Al-Farabi Kazakh National University

MECHANISMS FOR PROTECTING INTELLECTUAL PROPERTY RIGHTS

Intellectual property means the creation of the human mind: inventions, literary and artistic works, symbols, names and images used in commerce. Intellectual property is divided into two main categories: Industrial property includes patents for inventions, trademarks, industrial designs and geographical indications. Copyright includes literary works such as novels, poems and plays, films, musical works, works of art such as drawings, paintings, photographs, sculptures and architectural structures. Related rights include the rights of performing artists for their performance, the rights of producers of phonograms and the right of broadcasting organizations to their radio and television programs [1, p. 2].

Intellectual property rights, like other property rights, allow the author or owner of a patent, trademark or copyright to benefit from his work or creative contribution. These rights are set forth in Article 27 of the Universal Declaration of Human Rights, which establishes the right to take advantage of the protection of moral and economic interests resulting from authorship of any scientific, literary or artistic work. First, the importance of intellectual property was recognized in the Paris Convention for the Protection of Industrial Property in 1883 and in the Berne Convention for the Protection of Literary and Artistic Works in 1886. The administration of both treaties is administered by the World Intellectual Property Organization (WIPO).

There are a number of undeniable arguments for the protection of intellectual property rights.

Firstly, the development and welfare of mankind depends on its ability to create new technical inventions and cultural values.

Secondly, the legal protection of these inventions and values contributes to attracting additional resources, which leads to further development of innovation activities.

Thirdly, the promotion of the development and protection of intellectual property causes rapid economic growth, creates new jobs and new industries and improves the quality of human life, allowing it to enjoy it more fully. An effective and equitable intellectual property system can help all countries to understand the potential of intellectual property as a powerful tool for economic development and social and cultural well-being. The intellectual property system helps to establish a balance between the interests of innovators and the general public, providing an environment which creative and inventive activities can flourish for the benefit of all [1, p. 3].

The existence of a system for the protection of rights is primarily due to the right allocation of citizens and organizations. The rights proclaimed become real if only there is a certain guarantee of their feasibility, namely, a system for protecting not only violated, but also normally exercised rights. T.E. Abov is undoubtedly right in asserting that "if subjective law is a measure of possible behavior, then the protection of law must be first of all to create the conditions under which this opportunity could become a reality" The notion of "protection of rights" covers all those admitted in law Forms, methods, ways of ensuring rights (including those violated). In turn, for brevity of form, methods and ways, we tend to call "legal resourses".

The system of protection of rights includes a component and the main part of subsystem of measures of protection of subjective rights, which comes into effect when they are violated. Other components, according to Т.Е. Abov, are measures of state coercion and measures of material encouragement, and according to Yu.G. Basina - means of restoring the violated right and satisfying the legitimate interest [2].

The views expressed here show that the civil rights protection system is the broadest category, which includes a variety of different groups of legal means in the direction of action.

The whole system of intellectual property protection is reduced to copyright, patent and legal and mixed methods, characterized by varying degrees of formalization and state participation in the establishment and consolidation of rights to the relevant objects of intellectual property [3].

At the same time, we believe that even these three categories are amenable to classification and they can be subdivided into universal and special ways of protecting different volumes. In this case, the universal way is, undoubtedly, the copyright method of protection of intellectual property.

A) The copyright method.

The main "unit" or, in the language of the Law on Copyright and Related Rights, the object of copyright is a work. It is correctly noted in the literature, the legislation of Kazakhstan and Russia does not contain a legal definition of the work, indicating that copyright extends to works of science, literature and art that are the result of creative activity and expressed in objective form. In this case, its purpose, dignity, mode of expression, the fact of promulgation or non-informatization.

The copyright method of protection in this case is that the essence is not protected, but the form of the work. Legislatively, the essence of this method is expressed in the fact that "copyright does not apply to ideas, concepts, principles, methods, systems, processes, discoveries, facts" (Article 6 of the Copyright Law of the Republic of Kazakhstan). Of course, there are some doubts as to whether it is possible to protect the form itself. It is hardly possible to clearly separate the form from the content of the work. The product is most likely a unity of form and content. When protecting the form (language, style of presentation, etc.), of course, the plot and other elements of the content of the work are protected [3].

B) Patent method and patenting systems. June 18, 1992. By the Decree of the President of the Republic of Kazakhstan, the National Patent Office of the Republic of Kazakhstan was established, and this is the beginning of the process of introducing patent protection of industrial property objects - inventions, utility models and industrial designs on the territory of our country.

So, the patent is regarded as a document of award and contract. Rights based on a patent which called rights granted by the state. But such relationships are always mutual and the patent owner, in turn, must sacrifice something for the state. In response to the grant, the patentee discloses to the state and society an invention that could for a long time remain unknown. This reciprocity allows us to interpret the patent as a contract, the terms of which are set out not in the security document itself, but in the patent legislation.

In addition to the main copyright law and patent law methods for the protection of intellectual property objects, there are mixed methods that are a modification of the two above-mentioned basic methods or a combination of their individual elements. In the classification of art. 961 of the Civil Code of the Republic of Kazakhstan this concerns a group of objects, which we have called atypical institutions of intellectual property law.

We tend to systematize all atypical ways of protection, building them on the basis of the proximity of each of them to one of the main ways of protection, leaving, however, a special place of undisclosed information, including the secrets of production (know-how).

The copyright regime is close to the protection of topologies of integrated microcircuits, and to patent and legal - a similar mode of selection achievements.

In the legislation and literature of a number of countries, the list of a typical institutions is differently defined.

Thus, the elements of protection of topologies of integrated microcircuits are similar to analogous elements of copyright protection in that, like a work, topology should be original (Article 1013 of the Civil Code of the Republic of Kazakhstan, Article 4 of the Law on Topologies), that is unique, unique. In the copyright law (item 4 of article 971 of the Civil Code of the Republic of Kazakhstan), ideas, concepts, principles, methods, systems, processes, discoveries, facts are not protected. Likewise, legal protection does not extend to the content part of an integrated microcircuit - ideas, methods, system, technology or encoded information that can be embodied in topology.

According to the law enforcement and controlling bodies of Kazakhstan, the share of counterfeit and falsified products in the consumer market is also increasing in our country according to the widest range. For certain groups of goods - perfumes and cosmetics, shoes, clothes, synthetic detergents, meat, dairy and fish canned food, tea, coffee and confectionery products, 30 to 50% of them are in circulation are counterfeit or falsified. About 20% of alcoholic beverages sold on the market are also recognized as adulterated. Of particular concern is the problem of counterfeiting medicines [4].

References:

1. World Intellectual Property Organization. What is IP? //www.wipo.int/edocs/pubdocs/en/intproperty/450/wipo_pub_450.pdf

2. Kaudyrov Т.Е. Civil-law protection of industrial property in the Republic of Kazakhstan. - Almaty: Zheti Zhargy, 2001.//http://bibliotekar.kz/

3. Abdakimova DA Sources of international intellectual property law // Vestnik of the University of Karaganda, 2005 // http: //articlekz.com/article/4673

4. Tulkibaev A. Protection of Intellectual Property by the Justice Authorities. Prevention and suppression of offenses in the field of intellectual property // Intellectual property of Kazakhstan (scientific and practical journal). - 2010. - №2. - P. 29-33.