IP/C/W/627  
 
10 March 2017  
(17-1398) Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
REVIEW OF LEGISLATIO N 
QUESTIONS POSED BY THE UNITED STATES OF  AMERICA  TO KAZAKHSTAN  
By means of a communication  from the delegation of the United States , dated 6 March 2017 , the 
Secretariat has received questions posed by the United States  to Kazakhstan.  
 
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1. In Article 2(39)  of the Copyright Law , "work(s) of amateur and folk arts " are defined as "a 
work including peculiar elements  of traditional art heritage (folk fairy tales, folk poetry, folk songs, 
instrumental folk music, folk dances a nd plays, artistic forms of folk traditions, etc.) ." Are these 
works protected works under  Article 6 ( "Copyrighted Items & General Provisions ") or are they 
intended to be works that are excluded under Art icle 8(3) as "works of folklore"? If the latter, the n 
are works of amateur and folk arts protected under other laws and, if so, how are they protected?  
 
2. Regarding Article 19  of the Copyright Law  in relation to definitions of certain words and 
Article  19's relationship with the three -step test articulated  in the Berne Convention and other 
treaties (e.g.,  Article 13 of TRIP S provides: "Members shall confine limitations and exceptions to 
exclusive rights to certain special cases which do not conflict with a normal exploitation of the 
work and do not unreason ably prejudice the legitimate interests of the rights holder. ") 
 
a. What is the meaning of "cite" and "citation " in Article 19(1)? Do you intend "cite" and 
"citation " to mean "quote " and "quotation "? If so, why don 't you use "quote " and 
"quotation "? If not, t hen what is the difference between "cite" and "quote " and "citation " 
and "quotation "? Finally, how does this language comply with  the three -step test  in the 
Berne Convention ?   
b. Additionally, Article 19(1)(1) refers to use of the work for "information purpo ses," which 
could be interpreted as providing for potentially unlimited use of a work without 
authorization. What is meant by use for "information purposes "? What is meant by "in 
the size that is justified for the citation purposes "?   
c. Article 19(1)(2)  refers to the use of works "for the purpose of illustration in periodicals, 
in radio - and TV programs, in audio - and video -recordings of training nature. " What is 
meant by "training nature "? Is it the same as "teaching, " and if not, what are the 
differences b etween the two? What is meant by "in the volume justified for this 
purpose? " Would this provision apply to training programs created or offered by for -
profit or commercial entities? The language used would seem to indicate as such.  
3. In relation t o Articl e 41 of the Copyright Law we have questions of a similar nature as the 
questions posed regarding Article 19 above.   
 
a. Article 41 states that performances, staging, and transmissions of on -air or cable 
broadcasting organizations and their recordings, includ ing to reproduce phonograms is 
allowed for a series of purposes, such as "exclusively for training and scientific research 
purposes. "  What is the definition of "exclusively " in this context? As requested above, is 
"training" the same as "teaching"? If not , what are the differences between the two and IP/C/W/627  
 
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  does training also encompass commercial activities? What is meant by "scientific 
research purposes"?  
b. Article 41 also states that performances, staging, and transmissions of on -air or cable 
broadcasting organiz ations and their recordings, including to reproduce phonograms 
shall be allowed "for citation small extracts from a performance staging, phonogram, 
transmissions of on-air or cable broadcasting organization provided, that such c itation is 
made for informat ion purposes. " What is meant by "for information purposes," which 
appears quite broad?   
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