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 40 world monitor (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.