In accordance with Article 9 of the Law of the Republic of Kazakhstan "On Copyright and Related Rights", copyright in a scientific, literary or artistic work arises by virtue of the fact of its creation. Registration of the work, any other special form of the work, or compliance with any formalities are not required for the creation and exercise of copyright.
In this respect, the procedure for entering information into the State Register of Intellectual Property Objects is not mandatory.
The copyright is valid for the entire life of the author and for seventy years after the death of the author.
The right of authorship, the right to a name and the right to the protection of the author's reputation are protected indefinitely.
The copyright in a work published anonymously or under a pseudonym is valid for seventy years from the date of its lawful publication. Copyright in a joint work lasts for life and for seventy years after the death of the last author who survives the other co-authors.
Copyright in a work first published within thirty years of the author's death lasts for seventy years from the date of publication, calculated from the first day of January in the year following the publication of the work.
If the author was repressed and rehabilitated posthumously, the term of protection begins on the first of January of the year following the year of rehabilitation.
The calculation of time limits begins on the first of January of the year following the year in which the legal fact took place, which is the basis for the beginning of the term.
In the case of granting protection to a work in accordance with international treaties ratified by the Republic of Kazakhstan, the term of copyright may not exceed the term established in the country of origin of the work, in accordance with paragraph 4 of Article 5 of the Law.
When the copyright on a work expires, it enters the public domain.
Works in the public domain may be used freely by anyone without payment of royalties. At the same time, the right of authorship, the right to a name and the right to protect the author's reputation must be respected.
Users of works in the public domain have the right to make contributions to professional funds of authors or to organizations which administer authors' property rights on a collective basis in order to promote the creative activities of authors and to improve their material and living conditions.
National Institute of Intellectual Property under the Intellectual Property Rights Committee of the Ministry of Justice of the Republic of Kazakhstan (hereinafter – NIIP) provides the service "Entering information and its changes into the State Register of Intellectual Property Objects".
Such works include:
- literary, scientific, dramatic, screenwriting works;
- musical works with or without lyrics, and musical and dramatic works;
- works of choreography, pantomime, audiovisual works;
- works of architecture, urban planning, landscape art;
- works of painting, sculpture, graphics, fine and applied arts;
- photographs and works produced by methods similar to photography, as well as maps, plans, sketches, illustrations and three-dimensional works relating to geography, topography and other sciences;
- software for computers (hereinafter - computers) or databases.
The author of the work, or his/her representative, logs on to the portal via DS, where s/he fills in the required fields (IIN, title of the work, date of creation and type of object), submits an application and attaches a copy of the work.
Sketches, drawings or photographs may be attached to the application as a copy of the work and, in the case of software or databases, an abstract including the name of the software or database, the author's surname, name, patronymic (if indicated in the identity document), date of creation, scope, purpose, functionality, source code (source text), main technical characteristics, programming language, type of implementing computer.
In the case of works with religious content, the recipient of the service must also submit an electronic copy of the positive statement of the religious studies examination.
In the case of a composite or derivative work, the service recipient must also provide a copy of the copyright agreement with the author(s) or copyright holder of the original work.
If the composite work makes use of works of other authors whose term of protection has expired at the time of the applicant's application, an author's agreement is not required.
If the term of protection of the work on which the derivative work is based has expired, it is not necessary to submit the copyright agreement with the author of the original work.
For entering information into the State Register of Intellectual Property Objects, a fee is charged in the amount established by the Order of the Director of the NIIP No. 254 as of December 23, 2020 "On Approval of Prices for Services Provided by the National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan (in the amount of 3 MCI, as of January 1, 2025 – KZT 11,796).
The law provides for benefits amounting to 95 per cent of the price of the service of entering information in the State Register, subject to the submission of supporting documents on the membership of the following persons.
The law provides for benefits when paying for a service (as of January 1, 2025 – KZT 589.80), subject to the submission of proof of membership of the following persons:
- Participants in the Great Patriotic War.
- For individuals equated to the participants of the Great Patriotic War in respect of benefits:
- military personnel, commanders and officers of internal affairs and state security bodies of the former USSR who served during the Great Patriotic War in cities whose participation in the defense was taken into account until January 1, 1998 in the length of service for granting pensions on preferential terms established for military units of the active army;
- personnel of the Soviet Army, Navy, troops and bodies of internal affairs and state security of the former USSR who held staff positions in military units, headquarters, institutions that were part of the active army during the Great Patriotic War, or who were in the corresponding periods in cities whose participation in the defence was counted up to January 1, 1998, for seniority in order to receive a pension on preferential terms established for military personnel of active army units;
- persons who, during the Great Patriotic War, belonged to units, headquarters and institutions that were part of the active army and navy, as sons (pupils) of regiments and cadets;
- persons who took part in military operations against Nazi Germany and its allies on the territory of foreign countries as part of partisan units, underground groups and other anti-fascist formations during the Second World War;
- employees of special formations of the People's Commissariat of Railways, the People's Commissariat of Communications, the floating staff of fishing and transport vessels and the air crew of the People's Commissariat of the Fishery Industry of the former USSR, the marine and river fleet, the air crew of the Northern Main Sea Route, who during the Great Patriotic War were transferred to the position of military personnel and performed duties in the interests of the active army and navy within the rear borders of the active fronts, within the operational zones of the fleets, as well as the crew members of the ships of the transport fleet interned in the ports of other states at the beginning of the Great Patriotic War;
- citizens who worked in enterprises, institutions and organizations of the city during the siege of Leningrad and were awarded the medal "For the Defense of Leningrad" or the badge "Resident of besieged Leningrad";
- underage prisoners in concentration camps, ghettos and other places of forced detention created by the Nazis and their allies during the Second World War;
- persons involved in dealing with the consequences of the Chernobyl nuclear power plant disaster in 1986-1987, other radiation disasters and accidents at civilian or military facilities, and persons directly involved in nuclear tests;
- For veterans of military operations on the territory of other states:
- military personnel of the Soviet Army, Navy, State Security Committee, commanding officers and enlisted personnel of the Ministry of Internal Affairs of the former USSR (including military specialists and advisers) who, in accordance with the decisions of the government bodies of the former USSR, took part in hostilities on the territory of other states;
- military conscripts who were called up for training camps and sent to Afghanistan during the period of hostilities;
- military personnel from automobile battalions sent to Afghanistan to deliver goods to that country during the period of hostilities;
- military pilots who flew combat missions to Afghanistan from the territory of the former Soviet Union;
- workers and employees who served the Soviet military contingent in Afghanistan, who were injured, concussed or maimed, or who were awarded orders and medals of the former USSR for their participation in providing combat operations;
- military personnel of the Republic of Kazakhstan performing tasks in accordance with interstate treaties and agreements aimed at strengthening the protection of the borders of the Commonwealth of Independent States in the Tajik-Afghan sector;
- military personnel of the Republic of Kazakhstan participating in the international peacekeeping operation in Iraq;
- military personnel, as well as officers and enlisted personnel of the internal affairs and state security bodies of the former USSR involved in the settlement of the inter-ethnic conflict in Nagorno-Karabakh;
- Heroes of Socialist Labour, holders of the Orders of Glory of three degrees, Labour Glory of three degrees;
- persons awarded the title of "Kazakstannyn Enbek Yeri";
- persons awarded orders and medals of the former USSR for selfless work and impeccable military service in the rear during the Great Patriotic War;
- persons who have worked (served) for at least six months in the period from June 22, 1941 to May 9, 1945, and persons who have not been awarded orders and medals of the former USSR for selfless work and impeccable military service in the rear during the Great Patriotic War;
- Persons with disabilities, as well as one of the parents of persons with disabilities since childhood.
- Kandas.
- Minors.
The Register does not contain information on rights to works which serve (or are intended to serve) to distinguish the goods (services) of some individuals or legal entities from similar goods (services) of other individuals or legal entities.
Based on the information entered in the Register, a certificate of information entry is issued, which is sent electronically to the personal account of the service recipient.
Information from the Register is deleted and changes are made at the request of the author, as well as on the basis of a court decision that has entered into force.
There is value in every product of human thought and activity. Every citizen has the right to protect his or her own invention, scientific, literary and artistic work, as well as other results of intellectual activity (Article 14 of the Civil Code of the Republic of Kazakhstan (hereinafter - Civil Code of the Republic of Kazakhstan).
