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17.03.2017

 

On 14  March, 2017, by  the invitation of the Science Department and the Division of Commercialization of the Results of Scientific and Technical Activity (CRS&TA) on the  base of Science and Innovation Park of  Abai  KazNPU , specialists of the branch of the RSE  National Institute of Intellectual Property of the Ministry of Justice of the RK held a seminar on theme: "Copyright and adjacent rights. The invention and useful model as objects of industrial property. Electronic filing of applications for industrial property objects ".

The seminar was attended by all employees of scientific centers and laboratories.

The 1st  lecture "Legal basis and registration of copyrights" was conducted by Leila  G. Dzhamanshalova - the main expert of the Patent Studies on Inventions  Department of the Branch of the RSE NIIP.

According to the constituent documents of the World Intellectual Property Organization (WIPO), "intellectual property" includes rights related to:

  • literary, artistic and scientific works;
  • performing activities of artists, sound recording, radio and television programs;
  • inventions in all areas of human activity;
  • industrial designs;
  • trademarks, service marks, trade names and commercial designations;
  • other rights related to intellectual activity in the production, scientific, literary and artistic fields.

Later, exclusive rights related to geographical indications, new plant varieties and animal breeds, integrated circuits, radio signals, databases, domain names were included in the scope of WIPO activities.

Types of intellectual property rights

Copyright. Copyright is  the property and non-property rights of the author (the result of intellectual creative activity). Copyright does not apply to ideas, methods, processes, systems, methods, concepts, principles, discoveries, facts. Author is a person, the legal entity can not be an author, it can only be the rightholder.

Adjacent Rights.  A group of exclusive rights created in the 2nd half of the 20th and the beginning of the 21st century, modeled on copyright, for activities, which   are not creative enough to extend copyright to their results. The content of Adjacent rights is significantly differ  in different countries. The most common examples are the exclusive right of musicians- performers, phonogram producers, and broadcasting organizations.

Patent Rights. Invention, Utility Model, Industrial Design, Selective Achievement. Patent Rights  is a system of legal norms , by which  define the procedure for the protection of inventions, utility models, industrial designs (often these three objects are united under a single name - "industrial property") and selection achievements by granting patents.

Rights to the means of individualization. Trademark, Brand name, Place of origin of goods, Domain name.

Right to secrets of production (know-how). The secrets of production (know-how) are informations of any kinds (original technologies, knowledge, skills, etc.)  , which  are protected by a commercial secret regime and can be bought or sold or used to achieve a competitive advantage over other business  activity.

Plant breeders  rights. Protection of new plant varieties, International Union for the Protection of New Varieties of Plants (UPOV). The system of legal norms, which  regulate by the copyrights to new plant varieties of plant breeders (selective  achievements), through the grant of patents.

Types of violations of intellectual property rights. Violations of various types of intellectual property rights include:

  • copyright infringement;
  • distribution of objects using the methods described in patents (often even in the case of an independent invention);
  • others.

Copyright and adjacent rights in the Republic of Kazakhstan are regulated by the Constitution, Civil and other codes of the Republic of Kazakhstan,  Law about  Copyright and Adjacent Rights and International Agreements.

International protection of intellectual property originates from the adoption of a number of fundamental international  agreements:

  • Paris Convention for the Protection of Industrial Property in 1883,
  • Berne Convention for the Protection of Literary and Artistic Works in 1886
  • Madrid AgreementConcerning theInternational Registration of Marks in 1891.

In 1893, the secretariats of the Paris Union and the Bern Union were joined in the United International Bureaus for the Protection of Intellectual Property (BIRPI). In 1970 BIRPI becomes WIPO.

WIPO ensures the functioning of the International Patent Cooperation, International Trademark System,  International Design System,  International System of Appellations of Origin and others.

Objects of copyright:

  • Literary works (novels, poems, etc.);
  • Scientific works (articles, experiments, etc.);
  • Musical works (performances, music, music without lyrics, lyrics, choreography, phonograms, etc.)
  • Audiovisual works (films, cartoons, etc.);
  • Works of art (painting, sculpture, photography, etc.)
  • Programs for computers;
  • Inventions, useful models, industrial designs, selective achievements; maps, plans, etc.

The 2nd lecture "Patent" was conducted by Leila G. Dzhamanshalova- the main expert of the Office of Patent Studies on Inventions of the Branch of RSE NIIP.

A patent (from the Latin -obvious; plain; evident) is a security document certifying the exclusive right, authorship and priority of the invention, utility model or industrial design. The term of the patent depends on the country of patenting, the object of patenting and is from 5 to 25 years. For the use of the patent royalties are paid.

A patent is issued if the invention has novelty, inventive level and industrial applicability (Patent Law of the Republic of Kazakhstan  from 16.07.1999 (with amendments and additions from 07.04.2015).

Under the invention is understood as a technical solution in any field related to a product (in particular, a device, substance), a method (the process of performing actions on a material object by means of material means) or application (in particular, the application of an already known product or process for a new purpose).

The 3d lecture "Submission of electronic applications for obtaining a patent" was conducted by Bekzat O. Nazarov  - specialist of the Patent Research Department for inventions of the Branch of the RSE NIIP.

B.O. Nazarov visually showed the principle of filing electronic applications on the portal.

Employees of the Branch of the RSE NIIP at the end of the seminar thanked everyone for their attention, said that they are holding free consultations, they are  left the  work phone: 8 (727) 397-74-60 and address: Almaty, Abdulinykh str. 6, pavilion-1.