SOME ASPECTS OF IMPROVING OF ORGANIZATIONAL AND LEGAL BASES OF INTELLECTUAL PROPERTY IN THE REPUBLIC OF KAZAKHSTAN IN THE CONTEXT OF THE TRANSITION TO THE OECD STANDARDS (ANALYTICAL REVIEW)

Abstract

 The article is devoted to some problems of the improvement of organizational and legal bases of intellectual property in the Republic of Kazakhstan based on the experience of OECD countries. In particular, the authors have focused on the following:

- improving the coordination of the activities of the authorized bodies, which participate in the development and implementation of intellectual property policies. For this purpose the authors propose the creation of the authorized body for the coordination of intellectual property policy and a clear distinction of the responsibilities of each participant in the system to avoid duplication;

- simplification of procedures for the use of trademarks, industrial designs and utility models by small and medium enterprises and traditional sectors. In order to develop innovation of the private sector in the article suggests a number of measures aimed at developing the private sector: the provision of intellectual property awareness campaigns, training and technical support, as well as the introduction of new subsidies and tax exemptions;

- adaptation of policy in the intellectual property’s field, in terms of strengthening orientation to increase the contribution of universities to the development of private sector innovation. In particular, it is recommended to stimulate the activities of researchers, which is advisable to be accompanied by efforts to strengthen the capacity of commercialization in a single institution capable of coordinating the activities of existing centers of technology transfer and to establish international contacts;

- software industry focus with regard to the intellectual property policy, strengthening their impact on innovation. In this context, the authors propose granting wide powers to the central body to promote the commercialization of intellectual property in Kazakhstan through coordination centers for technology transfer and the development of industry expertise in the field of agriculture and extractive industries;

- improving the management of organizations for collective management of rights. In the article is recommended to fixing elements of the contract of collective management, and also its specificity and characteristics similar to the regulation of copyright (license) of the contract, which established in articles 31-32 of the Law on Copyright and Related Rights of June 10, 1996.

The article also addresses the novel of the law project «On amendments and additions to some legislative acts of the Republic of Kazakhstan on improvement in the field of intellectual property law», which developed by the Ministry of Justice.