World Monitor Mag, Industrial Overview WM_November_2018_WEB_Version | Page 42

EXPERT OPINION
Issues of advertising and the use
of copyright items on the Internet
Everyone knows that advertising is a powerful tool for promoting goods,
works and services. With the growth of Internet users, companies are faced
with the issue of the legitimacy of online advertising. This article analyzes
the issues of prohibited and inappropriate advertising, as well as some
practical recommendations on the use of copyright items in advertising.
Concept of advertising. The current legisla-
tion on advertising 1 contains a broad concept
of advertising. So, information is recognized
as advertising in the presence of the following
attributes:
Aliya Seitova,
Associate, RK Trademark
and Patent Attorney,
Dentons
1. distributed and placed in any form (auditory,
pictorial, print, etc.).
2. distributed and placed by any means (radio
and television, Internet, transport, etc.).
3. intended for an indefinite circle of persons
(information distributed, for example, in a
closed circle of good friends cannot be regard-
ed as advertising).
4. intended to form or maintain interest in
an individual/legal entity, goods, trademarks,
works, services.
5. intended to facilitate the sale of goods,
works and services.
Particularities of advertising on the
Internet. The current legislation does not
single out the particularities of advertising on
the Internet. In our opinion, the following rules
without limitation apply to online advertising:
1. advertising on Internet resources may be
distributed in any language (it should be noted
that Internet resources registered as media
must distribute advertising in the language
specified in the certificate of registration).
2. registered trademarks must be presented
in the original language (here we are talking
only about trademarks registered and valid in
Kazakhstan).
3. visual or sound use of images of minors in
advertising that is not directly related to goods
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(work, services) for minors is not allowed.
4. the use of images of people in advertising is
allowed only with their consent.
5. in a commissioning agreement with an ad-
vertising agency, the designer must indicate
the specific rights transferred under such con-
tract (the rights to use the work that are not
directly transferred under the agreement are
considered not to have been transferred 2 ).
Prohibited advertising. There is a list of
goods (works, services) that cannot be the
subject of advertising (the so-called list of ab-
solute bans on advertising). For example, these
are the following goods (works, services):
1. ethyl alcohol, alcoholic beverages, tobacco
and tobacco products (including advertising
in the form of holding various events aimed
at stimulating demand and interest in such
products, using the elements of a trademark or
name, known as the name of alcoholic bever-
ages, tobacco or tobacco products that directly
or indirectly offer alcohol, tobacco or tobacco
products).
2. breast milk substitutes.
3. e-casino and online casinos, etc.
The law expressly provides that advertising of
goods (works, services) prohibited for produc-
tion and sale in accordance with the RK leg-
islation is not allowed. Thus, the above list is
not exhaustive, and the analysis of a legisla-
tive act in a particular area can reveal other
products (works, services) that are not allowed
for advertising in Kazakhstan, including via
the Internet.