Please refer to the responses to the Checklist on Issues of Enforcement.

Please refer to the responses to the Checklist on Issues of Enforcement.

Please refer to the responses to the Checklist on Issues of Enforcement.

Please refer to the responses to the Checklist on Issues of Enforcement.

Please refer to the responses to the Checklist on Issues of Enforcement.

Please refer to the responses to the Checklist on Issues of Enforcement.

Please refer to the responses to the Checklist on Issues of Enforcement.

Please refer to the responses to the Checklist on Issues of Enforcement.

Please refer to the responses to the Checklist on Issues of Enforcement.

Please refer to the responses to the Checklist on Issues of Enforcement.

Please refer to the responses to the Checklist on Issues of Enforcement.

Please refer to the responses to the Checklist on Issues of Enforcement.

Please refer to the responses to the Checklist on Issues of Enforcement.

According to paragraph 1022 of the Report of the Working Party on the Accession of Kazakhstan (WPR) "works of amateur and folk arts", as defined by sub-paragraph 39 of Article 2 of the Copyright Law, are not protected by copyright or other laws of Kazakhstan. To be a "work of amateur and folk art" excluded from copyright protection under paragraph 3 of Article 8 of the Copyright Law, this work does not have to have an author(s), but instead has to be created by a community. Anonymous works and works created under a pseudonym have an author; only works created by a community are not protected under sub-paragraph 39 of Article 2 and paragraph 3 of Article 8 of the Copyright Law. Derivative works using an underlying work of amateur or folk arts, like derivative works using other public domain works are protected as independent works under paragraph 3 of Article 7 of the Copyright Law. For example, a musical composer who created an arrangement of a work of amateur and folk art will have that arrangement protected by paragraphs 1(5) of and 3(1) of Article 7 under the Copyright Law. Likewise, sound recordings, audio-visual works and other fixations of works covered by sub paragraph 39 of Article 2 will be protected under the Copyright Law. Performers/producers/broadcasting organizations have the rights enumerated in Chapter III "Related Rights" of the Copyright Law to fixations of works of amateur and folk arts. Works that can arguably fall under the folklore definition of sub-paragraph 39 of Article 2 of the Copyright Law, but which are protected as copyrighted works in the country of origin, will be protected as copyrighted works in Kazakhstan.

In paragraph 1024 of the WPR Kazakhstan stated that the terms "cite" and "citation" in paragraph 1(1) of Article 19 of the Copyright Law means "quote" and "quotation" as used in Article 10(1) of the Berne Convention. Indeed, "cite" and "citation" was used to mean "quote" and "quotation". This is only the issue of translation since there is no difference between "cite" and "quote" and "citation" and "quotation" in Russian language.

In paragraph 1024 of the WPR Kazakhstan stated that the term "information purposes" in paragraph 1(3) of Article 41 of the Copyright Law means "to report events that are expected to occur in the near future" and "to report recent historical events". "Size justified for the citation purposes" is limited to the minimum size necessary for quotation for information purposes. Necessary condition for quotation is compliance with author’s non-proprietary rights.

In paragraph 1024 of the WPR Kazakhstan stated that the term "training nature" in paragraph 1(2) of Article 19 of the Copyright Law meant "teaching" as used in Article 10(2) of the Berne Convention. Example of illustration of "training nature" can be a quotation in a schoolbook with the purpose to explain certain rule. "In the volume justified for this purpose" in this case will be the volume necessary to understand and learn the rule. Use of this exclusion is allowed as long as it is compatible with the fair practice in the meaning of Article 10 of the Bern convention. Necessary condition for quotation is compliance with author’s non-proprietary rights.

In paragraph 1026 of the WPR the representative of Kazakhstan confirmed that the term "exclusively" in paragraph 1(2) of Article 41 of the Copyright Law meant "solely" as used in Article 15(1)(d) of the Rome Convention. The term "training" has the same as "teaching" and does not encompass commercial activities. "Scientific research purposes" means purposes of scientific analysis.

As it was mentioned above in paragraph 1024 of the WPR Kazakhstan stated that the term "information purposes" in paragraph 1(3) of Article 41 of the Copyright Law means "to report events that are expected to occur in the near future" and "to report recent historical events".

According to paragraph 1 of Article 6 of the Patent Law inventions shall be protected if they are new, involve an inventive step, and are capable of industrial application. Paragraph 2 of Article 6 of the Patent Law provides that patent protection shall be available to inventions in any field of technology whether products or processes as required by Article 27 of the TRIPS Agreement. Exceptions are provided in paragraph 3 of Article 6 according to which the Patent Law does not recognize as inventions: (i) discoveries; (ii) scientific theories; (iii) mathematical methods; (iv) methods of economic organization and management; (v) symbols, schedules, and rules; (vi) rules and methods for mental activities; (vii) algorithms per se and computer programs; (viii) projects and plans of buildings and structures, and land development; (ix) proposals concerning solely the outward appearance of manufactured goods; and, (x) proposals that are contrary to the public order, humanitarian principles and morality. At the same time, diagnostic, therapeutic and surgical methods can also be protected as inventions under the Article 6 criteria. Abovementioned exceptions were discussed with the members during the process of Kazakhstan’s accession to the WTO and it was agreed that they comply with exceptions allowed under the Article 27 of the TRIPS Agreement.