Copyright protection

Around copyright, there are several opinions regarding the need for its registration and legitimization of one’s rights. Some believe that it is not at all necessary to carry out certain registration procedures at the state level, because you can consider the rights to an author’s object as yours until someone else disputes them and proves it in court. In fairness, it should be noted that such people are a minority. The majority believes that any intellectual property must be registered. And it’s not just a matter of pampering one’s self-esteem. Pragmatic people register their copyrights in order to protect themselves from the intrigues of competitors and avoid lengthy litigation. With copyright, the principle “the sooner the better” applies.

As a rule, it is in court that one has to defend one’s reputation, to prove the uniqueness of one’s work (whether it be a literary, musical or other creation) or the exclusivity and inviolability of a trademark. The scale of plagiarism and piracy has grown exponentially in recent years. Often, attackers change only some minor detail and thereby try to circumvent copyright law, proving that these are completely different objects. In such cases, having registered rights in hand, the copyright holder has the right to file a claim for copyright protection and order an examination that will prove his case.

Registering a trademark to protect your copyright

In today’s competitive environment, it is impossible to attract and retain consumer demand without a memorable logo, a sonorous slogan. Anything that encourages a consumer to come back to your product requires registration and copyright protection so that you do not have to pay compensation to competitors later. And this is a quite realistic scenario for the development of events: company “A” does not register its rights to a trademark (brand, logo, etc.), competitors create a product that is similar in visual performance and register their rights to it, then sue and demand recover from the company “A” lost profits. That is why all developments of corporate styles and brand-books are kept strictly secret, and after approval they immediately submit documents for registration.

Registration of a trademark in the Republic of Kazakhstan is carried out in accordance with the Law of the Republic of Kazakhstan “On Trademarks, Service Marks and Appellations of Origin”. Documentation is carried out by the National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan. In most cases, trademarks are registered that fall into one of three categories:

• A word trademark is a word, a combination of characters (letters, numbers, signs) or a phrase;
• The image as a trademark – at the same time, the company logo is submitted for registration;
• A combined trademark includes several elements of the trademark, both graphic and verbal.

Copyright protection is a very difficult and time-consuming process, and registration and registration of trademarks takes a very long period of time (sometimes up to one year). That is why, in order to minimize risks and speed up the process, it is worth contacting professionals, they not only know the whole procedure “from” and “to”, but also help to avoid pitfalls.

Appeal against inspections

It is almost impossible to completely avoid business verification. But excessive attention from the supervisory authorities should alert. It is important to remember that any verification cannot take place “from scratch”. And its result can be appealed. According to the letter of the law, each inspection must be carried out “in order to prevent and (or) eliminate an immediate threat to human life and health, the environment, the legitimate interests of individuals and legal entities.” Only the frequency of different types of checks has its own:

• Inspections carried out according to a special procedure are included in the special schedule of the Prosecutor General’s Office. It is formed twice a year and it clearly defines the interval of inspections for a particular company: once every six months, annually, once every three years or 5 years;
• An unscheduled review may be conducted based on the specific circumstances and facts that led to the violation.

It is also important to note that the scope of the audit may differ depending on its focus: comprehensive audits take longer than thematic ones.

Where does the verification begin and what stages does it have?

Any audit begins with the delivery to the owner of the business of an act on the appointment of an audit. It is important to check all their documents before allowing inspectors to enter the facility and providing them with the necessary information. The inspector is required to present not only an official ID, but also an Act on the appointment of an inspection (necessarily with a stamp on registration with the Office of the Committee on Legal Statistics and Special Accounts of your locality) and a checklist, which describes in detail the points of the requirements to be verified. You should pay special attention to the act on the appointment of an inspection, since you have the right to allow only those who are indicated in the document and assigned to conduct an inspection to your facility. Unauthorized persons are not allowed to carry out the check. In addition, the legality of the inspection appointment can be found on the website of the Committee on Legal Statistics and Special Accounts of the General Prosecutor’s Office of the Republic of Kazakhstan or in the Qamqor mobile application.

The standard verification period is no more than 30 working days. Exceptions are tax audits. Their duration is directly regulated by the Tax Code of the Republic of Kazakhstan. If a situation arises when it is necessary to increase the period of the inspection (the appointment of additional studies, examinations, etc., or the volume of the audited is too large and there is no way to complete the inspection on time), then the control and supervision body can once extend the period of the inspection for a period of not more than 30 days (an exception, again, is tax audits, they have their own terms and conditions).

The results of the completion of the check are recorded in acts, in two copies. Based on the copy you have in your hands, you can draw up a complaint and submit it to the appropriate authorities.

How to appeal the review?

You can file a complaint about any inspection carried out. Whether this complaint will be accepted for consideration is another matter. To get the desired result, it is necessary to draw up the document correctly. For these purposes, it would be better to seek help from a law firm: only specialists can assess the feasibility of filing a complaint and suggest the procedure for filing it. Most often, legal assistance is required when filing a taxpayer complaint based on the results of a tax audit. Some applicants immediately decide to sell the application to the court. However, you can go the other way. Namely, to start an appeal against the audit by filing an application with a higher tax authority. So, it will not be necessary to pay the state duty, and the results of the check will be suspended for the duration of the proceedings. Competent lawyers will help you during this time to understand the claims of the tax authority and the position it takes on your issue. Having received a decision (cancel the results of the check or leave them unchanged), you can move on. It is necessary to once again discuss in detail with the lawyers the prospect: is there a basis for further appealing the results of the audit this time already in court, or is it worth abandoning this and fulfilling all the prescribed obligations.

Why do you need legal services for a business?

Each company or individual entrepreneur, from the moment they start their careers, is constantly in interaction with various government agencies, banks, private firms and partners, individuals and legal entities, non-profit enterprises, etc. To work safely with so many contacts, you need to be well-versed in the field of jurisprudence and law, because legislation and its norms can be compared to a living organism. It also does not stand still, changes and develops: laws, regulations, rules, instructions, orders, normative and non-normative acts. In order to comply with the flow of time and not fall out of the legal field, it is necessary to respond quickly to all innovations. Legal support of business will help to resolve all emerging issues in a timely manner and without negative consequences.

Where to apply for legal services?

It is not always possible to have your own legal department in a company, and a full-time lawyer may not be competent enough in some highly specialized issues. In this case, we recommend that you seek professional legal support from a law firm. Of the huge number of law firms, it is necessary to give preference to a law firm with extensive experience and having lawyers and lawyers of various qualifications in its staff. In this case, you will be able to receive the necessary legal support not only in civil proceedings, but also, if necessary, in defending your interests in court in administrative or criminal cases.

When providing legal support to a business, the client has the right to count on comprehensive support from the law firm on various issues:

• consultations and clarification of the current legislation;
• monitoring compliance with the deadlines for the implementation of certain legal actions in order to prevent the imposition of penalties;
• registration of the hiring or dismissal of employees, the conclusion of contracts for the provision of services;
• preparation of client requests to various authorities: state, public, business, scientific, educational, cultural;
• drafting statements of claim, claims, complaints and representing his interests on these issues;
• full-fledged representation of the client’s interests in court (gathering evidence in favor of the client, sending requests for expert examinations, challenging participants in the process, organizing appeals against incorrect or erroneous decisions and orders, etc.);
• attracting legal support to participate in business negotiations, as well as when discussing the terms of a future transaction and at the time of signing documents. This not only raises the status of the company, but also protects against rash steps, allows you to identify all inaccuracies at the initial stage and avoid problems in the future.

Defense in court: why do you need to represent your interests in a lawsuit?

Litigation can shake the nervous system of even the most stress-resistant people. Few people can boast not only an iron character, but also the ability to successfully represent their interests in court without having certain knowledge in jurisprudence. Most often, emotions take over from unprepared people, and the protection of their interests in court becomes inferior and of poor quality.

For a successful court decision, professional assistance is needed – it is worth concluding an agreement (order) for representation in court. Moreover, the more experienced the representative is, the more effectively the line of defense will be built in court. It does not have to be a lone lawyer at all; a whole team of specialists can represent the interests of their client in litigation.

When legal representation is made

The voluntary choice of a representative for defense in court can be made for a number of reasons. Most often, this procedure is resorted to so that the arguments provided within the framework of a court hearing are set out clearly, reasoned, on time and supported by the necessary evidence. In addition, sometimes some citizens, for various reasons, cannot or do not want to personally participate in court proceedings. So, here are the most common grounds for delegating protection in court to a third party:

• insufficient competence in matters of jurisprudence;
• inability to participate in court hearings due to absence from the country;
• reluctance to appear in court for moral reasons;
• incapacity of the customer (plaintiff/defendant) due to age or health condition.

It should be noted that representation in court has broader boundaries than lawyer services. Full protection of the client’s interests in court includes not only preparation for the upcoming trial, support and protection of the client during the trial and case management, as well as work with the results of the trial.

After issuing a power of attorney to conduct the affairs of the customer and represent his interests in court proceedings, the judicial representative or team (if a law firm works on the case) can legally perform a whole list of executive duties for the principal (client):

• participate in legal proceedings;
• to draw up a claim (when representing the interests of the plaintiff) or a reasoned response (when speaking on the side of the defendant);
• collect the necessary documents and appoint examinations;
• generate and submit petitions;
• communicate with witnesses;
• declare a partial or complete waiver of the stated claims (when their size is changed, including the waiver of the claim or its recognition);
• receive a decision at the end of the court hearing;
• appeal and challenge the judge’s conclusions in higher instances in the event of a verdict that does not satisfy the interests of the customer.

Business registration: where to start and what stages will you have to go through?

Kazakhstan is very attractive for business development: a simplified visa regime for foreign citizens, an e-government system with a wide list of online paperwork, a simplified tax system with tax exemptions for small businesses. But it should be understood that only being in the legal field can one count on privileges from the state, which means that business registration must be carried out in accordance with all the rules and in accordance with applicable law.

Before starting the business registration procedure, it is necessary to carefully study the legislation. Thus, in Kazakhstan there is a ban on doing business as individual entrepreneurs for foreign citizens who do not have a residence permit. Thus, it is necessary to register a business by forming a legal entity. The choice of the form of organization of a legal entity should also be carried out depending on the activities of the company.

After conducting a preliminary analysis of the market, it is worth starting the preparatory stage. We recommend that even at the initial stage of business registration, seek professional help from a law firm, since the collection of documents for registration and their correct execution is a very laborious process. You should discuss with lawyers the field of activity in which you plan to engage. When performing a certain type of work, you must have the appropriate licenses (with which you can also be helped by specialists from a law firm). The choice of object status directly affects not only the procedure for registering a business, but also its subsequent taxation. Therefore, it is necessary to determine in advance which category you will belong to: a small, medium or large business entity. Then you need to make a number of organizational issues with the development of certain documents: come up with a company name and determine the legal address, draw up constituent documents (minutes of the general meeting of company participants, memorandum of association, organization charter, etc.), a complete list of which will be prompted by professional lawyers.

Where to go to register a business?

First of all, it is necessary to submit a complete list of documents for registering a business to the Public Service Center. The PSC can be selected at the place of legal address or at the place of residence of the applicant. After checking all the documents you provided, you will receive a certificate of registration of your organization and a tax registration number (TIN) of a legal entity.

Having a certificate of registration in hand, the next steps are ordering a seal, choosing a taxation system, opening an official bank account, processing documents with statistical authorities. Only after the completion of all these stages, you will be able to officially carry out business activities on the territory of the Republic of Kazakhstan.