Civil legislation of Kazakhstan understands the right of intellectual property, primarily as an element of civil legal capacity. This is the meaning of Art. 14 of the Civil Code of the Republic of Kazakhstan, which establishes that as the most important component of the content of its legal capacity, a citizen may have the right of intellectual property to inventions, works of science, literature and art, other results of intellectual activity.
The right of intellectual property of a citizen can be called and regarded as the intellectual property right in a subjective sense, as opposed to the aggregate of the norms of the Civil Code of the Republic of Kazakhstan and other normative acts on intellectual property that make up the sub-sector of legislation - the right of intellectual property, and is the intellectual property right in an objective sense. Chapter 56 of the Civil Code of the RK gives the concept of the results of intellectual property. As the integrating concept uniting different objects in one legal institution, the exclusive right of the subject to the results of intellectual activity, that is, the right of intellectual property (Article 964 of the Civil Code of the Republic of Kazakhstan) was elected. This legislation applies to all, without exception, the results of intellectual creative activity, regardless of whether the head of the Civil Code or the laws of the Republic of Kazakhstan, specifically dedicated to a separate type of intellectual property objects, is meant.
Understanding intellectual property as an exclusive right is also expressed in Art. 125 Civil Code of the Republic of Kazakhstan. The exclusive right of a citizen or legal entity to the results of intellectual creative activity and the means of individualization of a legal entity, the products of a physical or legal person, the works or services performed by it (a company name, a trademark, a service mark, etc.) are recognized as exclusive rights. In the second part of this article, there is another important provision that characterizes the understanding by the legislator of the essence of intellectual property. It is established that the use of the results of intellectual creative activity and means of individualization, which may be the object of exclusive rights (intellectual property), can be exercised by third parties only with the consent of the rightholder. Thus, the identification of an object of exclusive rights with an object of intellectual property is evident. Until the adoption of the Special Part of the Civil Code of the Republic of Kazakhstan, this norm was a legislative definition of intellectual property and a list of objects covered by this concept.
Understanding these objects as an exclusive right determines the place of intellectual property rights in the system of subjective civil rights. Of course, the exclusive right to the object of intellectual property rights as a special legal design performs other functions, but from the above article one can see its role as one of the subjective civil rights. This, in our view, is a dynamic characteristic of the objects under study.
The term "intellectual property" entered into the scientific circulation and legislation of the Republic of Kazakhstan in the early 90-ies. Protection of intellectual property - inventions - inventions, utility models, industrial designs and trademarks - is a new area of state regulation of independent Kazakhstan. Intellectual property, in accordance with Article 125 of the Civil Code of the Republic of Kazakhstan, recognizes the exclusive right of a citizen or legal entity to the results of intellectual creative activity and the means of individualization of a legal entity that they carry out works or services equivalent to them (company name, trademark, service mark, etc.). P.). The use of the results of intellectual creative activity and means of individualization, which may be the object of exclusive rights (intellectual property), can be exercised by third parties only with the consent of the rightholder. Objects of intellectual property are copyright, related rights, the right to a trademark, service mark, the right to use the place of origin of goods, patent law.
Intellectual property is the exclusive right of a citizen or legal entity to the results of intellectual activity and the means of individualization of a legal entity that is equal to them, the individualization of products, work or services performed (company name, trademark, service mark, etc.). It should be noted that the concept of intellectual property is collective.
The objects of intellectual property are objects protected by the laws of the Republic of Kazakhstan "On Copyright and Related Rights", "On Protection of Breeding Achievements" of July 13, 1999, the Patent Law of July 16, 1999, the Law "On Trademarks, Service Marks and Names places of origin "of July 26, 1999," On the Legal Protection of Integrated Circuit Topologies "of June 29, 2001, etc.
Article 961 of the Special Part of the Civil Code of the Republic of Kazakhstan established that the objects of intellectual property rights include: the results of intellectual creative activity; means of individualization of participants in civil turnover, goods, works or services.
The results of intellectual creative activity in turn include: works of science, literature and art; performance, phonogram and transmission of broadcasting organizations; inventions, utility models, industrial designs; selection achievements; topology of integrated microcircuits; undisclosed information, including secrets of production (know-how); other results of intellectual creative activity in cases stipulated by the Civil Code or other legislative acts.
Source: zakon.kz