The copyright holder has the right to ask for compensation
The provision of the law on compensation for the unlawful use of a trademark to protect honest entrepreneurs, who are legal copyright holders
A few days ago on the webpage on Facebook Timur Zharkenov, the chairman of the Union of independent automobile business in Kazakhstan, expressed his opinion on the draft law "On amendments and additions to some legislative acts of the Republic of Kazakhstan on improvement in the field of intellectual property law", which was recently presented in the Government of RK.
"The draft law specifies the possibility of the copyright owner to recover compensation from any entrepreneur, when the later puts goods in a civil turnover with the trademark of the copyright holder, without his consent, - wrote in the post Timur Zharkenov. - Under a beautiful wrap "protection of the interests of copyright holders" is hidden the introduction of new, so-called "compensation" and, simply put, penalties, and the interests of the public and small businesses are completely forgotten".
In this regard, the Department of legislation and the development of self-regulation of NCE RK "Atameken" reported that on October 6 this year at the site of NCE were held public hearings of the draft law. The organizer of a public hearing the Ministry of Justice of the Republic of Kazakhstan with the support of NCE, where the participants were explained the main provisions. The subjects of business did not provide any writing comments.
The discussion was attended by representatives of the Ministry of Justice, NCE, the Supreme Court, the General Prosecutor's Office, state bodies, NGOs, MPs, human rights activists and media representatives.
As it was noted in the Department of legislation and development of self-regulation of NCE RK "Atameken", the author of the information incorrectly interpreted the news on the introduction of administrative penalties in the Code of the Republic of Kazakhstan "On Administrative Offences".
"Indeed, according to the norms of the draft law, the right holder has the right to demand at his option from the infringer instead of recovery of losses the monetary compensation, the payment in the amount of five hundred monthly calculation indices to ten thousand monthly calculation indices, determined by the court decision. Ensuring the rights of a copyright holder to receive compensation for the unlawful use of a trademark is the main innovation of the draft law, which favorably affects the investment climate in the country, and is fully consistent with international practice and OECD standards. In other words, the law is designed to protect honest entrepreneurs, who are the legitimate owners", - explained at the Department of NCE.
It should be noted that the concept of the draft law "On amendments and additions to the Code of the Republic of Kazakhstan on Administrative Offences" provides only the humanization of the provisions of the Administrative Code.
"NCE "Atameken" constantly monitors issues of stricter provisions. Moreover, it should be noted that the 25 proposals of state bodies, which provide for tougher liability in respect of businesses, according to comments of NCE, were not adopted", - reported in the department of NCE.
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