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2025 WIPO IP Judges Forum Informal Case Summary - Astana City Court (Civil Division), Kazakhstan [2022]: Amanat v Mechta Market, Case No. 7199-22-00-2a/6454

This is an informal case summary prepared for the purposes of facilitating exchange during the 2025 WIPO IP Judges Forum.

Session 5: Copyright Related Rights

Astana City Court (Civil Division), Kazakhstan [2022]: Amanat v Mechta Market, Case No. 7199-22-00-2a/6454

Date of judgment: December 8, 2022

Issuing authority: Astana City Court (Civil Division)

Level of authority: Appellate Instance

Type of procedure: Civil

Subject matter: Copyright and Related Rights (Neighboring Rights)

Plaintiff: Amanat (Private non-profit organization for the protection of copyright and related rights)

Defendant: Mechta Market (LLP)

Keywords: Copyright infringement, copyright related rights, collective management, public performance, compensation, license agreement, abuse of rights

Basic facts:

The plaintiff (“Amanat”) filed a claim seeking compensation of KZT 918,960 for the alleged public performance of musical works (Zivert, Dima Bilan, “2Mashi”) without a license agreement. The Specialized Interdistrict Economic Court of Astana dismissed the claim, finding no proof of violation. On appeal, Amanat relied on its accreditation and a mutual representation agreement with the Russian Authors' Society (RAO). The defendant submitted evidence of an existing license agreement with LLC “SberZvuk Business” and argued that the evidence of infringement was fabricated.

Held:

The appellate court upheld the first-instance judgment and dismissed the appeal. It held that the plaintiff failed to prove its rights to manage the works in Kazakhstan and that the alleged infringement was artificially created and improperly documented.

Relevant holdings in relation to the session topic:

·         A collective management organization must provide documentary proof of its authority and territorial scope of rights.

·         Bad faith actions in documenting infringements cannot serve as grounds for claims.

·         Courts emphasized the need for proper evidence of rights transfer and authority to act within the national jurisdiction.

Relevant legislation:

·         Civil Code of the Republic of Kazakhstan

·         Civil Procedure Code of the Republic of Kazakhstan

·         Law of the Republic of Kazakhstan No. 6-I of June 10, 1996, “On Copyright and Related Rights”

·         Normative Resolution of the Supreme Court of the Republic of Kazakhstan No. 11 of December 25, 2007 “On the Application by Courts of Certain Provisions of Legislation on the Protection of Copyright and Related Rights”