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On approval of qualification requirements for organizations for collective management of rights

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On approval of qualification requirements for organizations for collective management of rights

Order of the Minister of Justice of the Republic of Kazakhstan dated January 26, 2026 No. 76. Registered with the Ministry of Justice of the Republic of Kazakhstan on January 27, 2026 No. 37892

In accordance with paragraph 2 of Article 46-2 of the Law of the Republic of Kazakhstan "On Copyright and Related Rights", I ORDER:

     1. To approve the qualification requirements for collective rights management organizations in accordance with the annex to this order.

     2. The Committee on Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, shall ensure:

     1) state registration of this order;

     2) posting of this order on the official Internet resource of the Ministry of Justice of the Republic of Kazakhstan after the day of its first official publication.

     3. Control over the execution of this order is entrusted to the supervising Vice Minister of Justice of the Republic of Kazakhstan.

     4. This order shall enter into force upon the expiration of ten calendar days after the date of its first official publication.

 

Minister of Justice of the Republic of Kazakhstan

E. Sarsembayev

 

 

 

Appendix to the Decree of the Minister of Justice of the Republic of Kazakhstan on January 26, 2026 No. 76

 

Qualification requirements for collective rights management organizations

     1. These qualification requirements have been developed in order to establish requirements for collective rights management organizations applying for an accreditation certificate to carry out activities in the areas of collective management provided for in paragraph 3 of Article 43 of the Law of the Republic of Kazakhstan "On Copyright and Related Rights" (hereinafter referred to as the Law).

     An organization for collective rights management applying for accreditation submits an application in each of the areas provided for in paragraph 3 of Article 43 of the Law.

     2. The following requirements apply to a collective rights management organization applying for accreditation::

     1) the presence of at least 500 members of the organization for collective management of rights, who transferred to it property rights in the field of collective management;

     2) carrying out activities in the field of collective management of property rights for at least five years from the date of registration as a legal entity;

     3) proven work experience in the distribution and payment of collected remuneration at least twenty times in the field of collective management;

     4) the presence of positive feedback about the organization's activities from authors, users, organizations that manage similar property rights in other states or international confederations;

     5) the existence of at least five existing agreements on mutual representation of interests with similar organizations of other States for the collective management of rights in the field of collective management;

     6) the availability of supporting documents on the transfer of appropriate amounts of remuneration to foreign organizations for the collective management of rights, based on existing agreements on mutual representation of interests over the past five years;

     7) proper performance by the organization of the duties provided for in articles 46 and 47 of the Law;

     8) the absence of facts of bringing to administrative responsibility for obstructing officials of state control and supervision bodies in the performance of their official duties, as well as for non-compliance with legal resolutions, regulations and other requirements.

 

 

 

 

 

 

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