Intellectual property (IP) is the creation of the human mind. IP includes objects of copyright (works of science, literature and art), objects of industrial property (inventions, industrial designs, utility models, trade names, as well as trademarks and appellations of origin), as well as selection achievements.
The law allows IP objects to be protected, for example, through patents, copyrights and trademarks, which allows individuals and legal entities to seek recognition or receive financial rewards for their inventions or works. By balancing the interests of inventors and the General public, the IP system creates the conditions for creativity and innovation to flourish.
Intellectual property rights are like any other property right. They allow authors – or owners of patents, trademarks or works of copyright - to benefit from their own work or investment in its creation. These rights are enshrined in article 27 of the universal Declaration of human rights, which recognizes the right of everyone to the protection of his moral and material interests resulting from scientific, literary or artistic works of which he is the author.
The importance of intellectual property was first noted in the treaties of the Paris Convention for the protection of industrial property (1883) and the Berne Convention for the protection of literary and artistic works (1886). The world intellectual property organization (WIPO) administers these treaties.
WIPO is the UN specialized Agency for the protection of intellectual property rights. WIPO has 191 member States. The WIPO Secretariat is located in Geneva.
5 February 1993 the Government of the Republic of Kazakhstan adopted the Declaration on International treaties in the field of industrial property protection, in accordance with that Convention, WIPO, signed at Stockholm in 1967, continues to apply in the territory of the Republic of Kazakhstan, and that this area will perform all the obligations stipulated in the said conventions, agreement and Treaty.
Also, the territory of the Republic of Kazakhstan is covered by the regional system of IP rights protection. On September 9, 1994, Kazakhstan signed the Eurasian patent Convention, which established the Eurasian patent organization.
EAPO is a key regional organization of the Eurasian space in the field of intellectual property and includes eight countries: Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan.
In the Republic of Kazakhstan, the state policy in the field of protection and protection of intellectual property rights is implemented by the Ministry of justice. The expert organization in the field of intellectual property subordinated to the Ministry of justice is RSE "national Institute of intellectual property".
The name of the place of origin of the goods is a unique object of intellectual property.
According to the Law "On Trademarks, Service Marks and Appellations of Origin of Goods" is a designation representing or containing the name of a country, region, locality, locality or other geographical indication, as well as an indication derived from such a name and made known as a result of its use in relation to a product whose special properties, quality, reputation or other characteristics are mainly related to its geographical origin, including characteristic natural conditions and (or) human factors.
Natural factors may be caused by the characteristics of the soil, climate, water composition, certain humidity, etc. As an example, we can cite the mineral waters "Saryagash", "Essentuki", "Borjomi", which are extracted from wells and contain a special chemical composition of water.
Unlike trademarks, not only the person who submitted the application first, but also other persons may have the right to use the registered name of the place of origin of the goods.
A person wishing to use an already registered name of the place of origin of the goods must ensure the quality of their products corresponding to the already registered parameters.
In order to obtain the right to use the appellation of origin of the goods, first of all it is necessary to submit an application to an expert organization. After registration, the owner of the right to use the appellation of origin of the goods has the exclusive right to use it.