Article 49. Protection of copyright and related rights of the Copyright and Related Rights Act

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1. The protection of copyright and related rights is carried out by the court by:

1) recognition of rights;

2) restoration of the situation that existed before the violation of the right;

3) suppression of actions violating the law or creating a threat of its violation;

4) compensation for losses, including lost profits;

5) recovery of income received by the infringer as a result of violation of copyright and (or) related rights;

6) payment of compensation in the amount of one hundred monthly calculation indices up to fifteen thousand monthly calculation indices, determined at the discretion of the court, or in the amount of twice the cost of copies of the work or in the amount of twice the cost of the right to use the work, determined based on the price that, under comparable circumstances, is usually charged for the lawful use of the work. The amount of compensation is determined by the court instead of compensation for losses or recovery of income;

7) taking other measures provided for by legislative acts related to the protection of their rights.

The measures specified in subitems 4), 5) and 6) of this paragraph are applied at the choice of the copyright holder.

1-1. Excluded by the Law of the Republic of Kazakhstan dated 06/20/2018 No. 161-VI (effective ten calendar days after the date of its first official publication).

2. Before considering the case, the judge alone has the right to make a ruling prohibiting the defendant from manufacturing, reproducing, selling, and using copies of copyright and (or) related rights, in respect of which it is assumed that they are counterfeit. The judge also has the right to issue a ruling on the seizure and seizure of all copies of copyright and (or) related rights, in respect of which it is assumed that they are counterfeit, as well as materials and equipment intended for their manufacture and reproduction.

3. The court has the right to make a decision on the confiscation of counterfeit copies of copyright and (or) related rights, as well as materials and equipment used for their reproduction. Counterfeit copies of objects of copyright and (or) related rights may be transferred to the owner of copyright or related rights at his request or subject to destruction by a court decision.

The materials and equipment used for their reproduction are subject to destruction or transfer to State revenue by court order.

The Law of the Republic of Kazakhstan dated June 10, 1996 No. 6-I.

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