Claims for challenging copyright and related rights in relation to objects claimed by several persons
Copyright extends to works of science, literature, and art that are the result of creative activity, regardless of their purpose, content, and dignity, as well as the manner and form of their expression. By the decision of the Council of Economic and Social Council of Astana dated November 2, 2016 in satisfaction of the claim of LLP "M" to GU "M" on invalidation of the state registration of the intellectual property object "interactive user task management system", cancellation of the state registration of the intellectual property object No. 306 dated December 26, 2002, on assignment of duties to GU "M" to exclude Certificate No. 306 dated December 26, 2002 for the object, the interactive user task management system "S" (software product), was refused from the registry. The plaintiff's arguments were based on the fact that the Committee on Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan issued a certificate of state registration of an intellectual property object No. 306 dated December 26, 2002, according to which the intellectual property object was registered under the name "S" (software product), the authors of which are K., T., S. The copyright holder of the exclusive The property rights to the specified object is "A" LLP. However, the plaintiff considered that the Ministry had issued a certificate for an object for which, according to the Law, copyright cannot be registered, since the copyright object is registered under the category of "software product", whereas the Law provides for the only legal type of copyright object for this category – "computer program".
The concept of "software product" is not provided for by the Law, it is indefinite, it can be called the result of any action in the field of IT technologies, including any system. The court examined an application for registration of an intellectual property object and a description of the software, which indicated that the authors had submitted an application for registration of a software product called "Interactive User Task Management System "S", where the word "system" implies the name, and not the system as a whole, as the plaintiff claims. Therefore, the right is not registered for the system as a whole, but for a software product called "S", which only contains the word "system". It follows from the provisions of Article 971 of the Civil Code that copyright does not apply to ideas, concepts, principles, methods, systems, processes, discoveries, facts. In accordance with paragraph 3 of Article 6 of the Law, a part of a work (including its title, the names of characters) that is the result of creative activity and can be used independently is an object of copyright. Thus, rejecting the application, the court concluded that the Law does not prohibit the use of the word "system" in the name of the copyright object. In connection with the submitted application of the authors, the authorized body registered the rights to the software product with the issuance of a corresponding certificate, in which the word "system" is the name, under the same circumstances, the court found no grounds to satisfy the claim. The Judicial Board for Civil Cases of the Astana City Court, by its decision of January 18, 2017, left the above–mentioned decision unchanged, and dismissed the applicant's appeal. Another example. m. He appealed to the Almaty District Court of Astana to the State Institution "National Museum of the Republic of Kazakhstan", the State Institution "Ministry of Finance of the Republic of Kazakhstan", LLP "Zh" with a claim for compensation for copyright infringement, arguing that by order of the National Museum of the Republic of Kazakhstan, LLP "Zh" issued an edition where 189 photographic materials were used. works of which he is the author.
Meanwhile, there was no written agreement on the use of copyright objects. By the decision of the Almaty District Court of the city of Astana on January 5, 2015, the claims were denied due to the fact that the court found that an agreement had been reached between the plaintiff and the museum, under the terms of which the plaintiff, on behalf of and with the participation of museum staff, took photographs of the museum's exhibits in order to publish the catalog of the exhibition "National Traditions and Openness to the World", what did the court see as the elements of the legal relationship regulated by article 33 of the Law, namely– the existence of an oral copyright agreement, in which the author is entitled to remuneration, which is not part of the author's property (subjective) rights, since it is paid as part of an obligation relationship. The court also took into account the fact that the personal non-property rights of the plaintiff as the author of the photo production were not violated, since the publication contains an indication of the plaintiff as their author. By resolutions of the Appellate Judicial Board for Civil and Administrative Cases of the Astana City Court dated March 13, 2015 and the Cassation Judicial Board of the Astana City Court dated May 19, 2015, the above decision remained unchanged. In another case, LLP "C" appealed to the Almaty District Court of Astana to LLP "A", Zh. with a claim to recover the amount of damages, arguing that it found on the website a photograph showing the seminar, where the presentation material of LLP "C", as well as the company's logo, is depicted on the projector screen. The lawsuit states that the defendant used the presentation material without consent, and therefore infringed the copyright to the audiovisual work in the form of a slide film. By the decision of the Almaty District Court of Astana dated November 24, 2015, the satisfaction of the claims of "Ts" LLP was denied. The court's decision was not appealed. In rejecting the claims, the court concluded that there was no evidence of copyright infringement by the plaintiff, since when examining the presentation materials of the parties, it was impossible to determine exactly which slide from the presentation material was depicted.
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