THE PROBLEM OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY OBJECTS CREATED AS A RESULT OF PROCESSING, ACCORDING TO THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Abstract

This article is devoted to the study of institutions of derivative works and processing of individual intellectual property objects.

The article analyzes various approaches to the concept of a derivative work, the ratio of an original and a derivative work. Attention is paid to the analysis of the works of scientists devoted to the Institute of recycling.

The author conducted a comparative legal analysis of the provisions on processing under the legislation of the Republic of Kazakhstan and the Russian Federation.

The article provides a detailed study of the conceptual framework, problems in the Law of the Republic of Kazakhstan "On Copyright and Related Rights", the Patent Law of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On Trademarks, service Marks, geographical indications and appellations of origin". For example, the Patent Law of the Republic of Kazakhstan mentions the term dependent invention, but the concept is not given to it.

The study of these aspects has its own significance and relevance, since such objects are actively introduced into civil circulation. And the insufficient attention of Kazakhstani scientists to the resolution of certain aspects leads to difficulties in law enforcement practice. The article analyzes judicial practice in Kazakhstan, which highlights issues that require a deeper and more thorough analysis by the courts, excluding a formal approach.

The article considers the problem of dependent objects of patent law, which consists in whether such objects can be attributed to the results of intellectual creative activity, since there may be a problem in determining the inventive level and novelty of these objects as criteria for patentability.

Recycling is also relevant in terms of means of individualization. Confusingly similar, lacking the function of identification and distinguishability of one means from another means of individualization on formal grounds established by the legislation of the Republic of Kazakhstan, will be denied legal protection.