Protection of the Subjective Copyrights (on Example of Legislation of the Republic of Kazakhstan, Russian Federation and Germany)

By Elyubayev, Madi; Kanatov, Tanat et al. | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

Protection of the Subjective Copyrights (on Example of Legislation of the Republic of Kazakhstan, Russian Federation and Germany)


Elyubayev, Madi, Kanatov, Tanat, Seisembaeva, Gulden, Nurmukhanbet, Daniyar, Zholumbaev, Marat, Satybaldi, Laura, Baizhanov, Erbol, Mussipova, Dinara, Kuanyshpekova, Inara, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

Welfare and safety of all citizens of Kazakhstan, the protection of citizen's rights, intellectual property protection is a priority task, developed by the President of the Republic of Kazakhstan N. Nazarbayev (1997) in a national program of prosperity of the people of Kazakhstan "Kazakhstan 2030", in item 1.5 Address of the President of Kazakhstan N. Nazarbayev of Kazakhstan people "Kazakhstan on the threshold of a new leap forward in its development Strategy of Kazakhstan's joining the top 50 most competitive countries in the world", states that:

"The strengthening of Kazakhstan's reputation as a tough guarantor of protection of copyrights and trademarks will enable us to actively develop and diversify new sectors of economy" (Nazarbayev, 2006).

The abovementioned excerpts from the President's Address to the Republic of Kazakhstan N. Nazarbayev (2006) only in general emphasize the relevance of the research of subjective protection of copyrights. In the objective reality of the Republic of Kazakhstan the following features of the state of society exist in the field of copyright, which make indispensable the research of subjective protection of copyrights:

First, in practice in the Republic of Kazakhstan subjective copyrights are violated routinely. These include the manufacture and sale of counterfeit goods, plagiarism, translation and processing of artworks without permission of the author and other violations of subjective copyrights (Sverdlyk & Strauning, 2002; Rystina et al., 2017);

Second, some measures that are used or proposed to apply to eliminate violations of the subjective copyright, both patricians and theorist lawyers, in our opinion, are wrong and unjustifiable, which may give rise other legal problems. For example, the tightening of criminal responsibility for crimes against intellectual property, in our opinion, does not meet the primary objectives of punishment, in particular: the restoration of justice, the proportionality of measures of responsibility, rehabilitation, etc.

Third, the institutions, which were designed to protect the subjective copyrights, cannot manage its functions, whereas the subjective copyrights continue to be violated in the Republic of Kazakhstan (Milgram, 2001);

Fourth, one of the conditions of accession to the WTO, to which Republic of Kazakhstan certainly aims to, is a significant protection of the subjective copyrights (International Bureau of WIPO, 2017);

Fifth, to achieve the goals of the Republic of Kazakhstan, highly skilled research and experts are required. However, some violation of subjective copyrights of the Republic of Kazakhstan is experiencing shortage of qualified scientists and specialists, which certainly is a deterrent to the development of the Republic of Kazakhstan;

Sixth, the scientific and technical progress in the field of copyright (reproduction, sound and video recordings, computer technology, global computer network) which grows rapidly, opening new horizons for both the creators of spiritual values and for their consumers. Need for detailed regulation of issues of protection of subjective copyrights is becoming more urgent against the backdrop of rapid development of show business, where the objects and subjects of copyrights are involved. In the leading countries fabulous cash are drawn in this sphere. For example, in the U.S. all kinds of copyright industries, such as the software industry, cinema, publishing and many others provide an average 325 billion dollars of value added, or approximately 5.5% of GDP. This exceeds the export earnings of many leading sectors, except for aircraft and agricultural production (Belov et al., 1997).

Copyright compliance is low because:

1. Most figures are not sufficiently aware of their copyright (Joyce et al., 2016; Stokes, 2014; Stamatoudi & Torremans, 2014).

2. Legal regulation is insufficient and the field of Internet technologies are weakly protected (Tushnet, 2017; Bleistein, 2017; Depoorter & Walker, 2015). …

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