What is the application form for invalidation of copyright registration certificates and related right registration certificates in Vietnam?
- What is the application form for invalidation of copyright registration certificates and related right registration certificates in Vietnam?
- What is included in the application for invalidation of copyright registration certificates and related right registration certificates in Vietnam?
- In which cases does an organization or individual request an invalidation of copyright registration certificates and related right registration certificates in Vietnam?
What is the application form for invalidation of copyright registration certificates and related right registration certificates in Vietnam?
The application form for invalidation of copyright registration certificates and related right registration certificates is Form No. 06, Appendix III issued together with Decree No. 17/2023/ND-CP:
Download the application form for invalidation of copyright registration certificates and related right registration certificates in Vietnam: Click here.
What is the application form for invalidation of copyright registration certificates and related right registration certificates in Vietnam?
What is included in the application for invalidation of copyright registration certificates and related right registration certificates in Vietnam?
Pursuant to the contents specified at Point b, Clause 2, Article 42 of Decree No. 17/2023/ND-CP as follows:
Invalidation of copyright registration certificates and related right registration certificates
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2. Organizations and individuals that have been granted copyright registration certificates or related rights registration certificates requesting the invalidation of copyright registration certificates or related rights registration certificates shall follow the procedure as follows:
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b) Components of a dossier of request for invalidation of a copyright registration certificate or related rights registration certificate include:
An application for invalidation of the Copyright Registration Certificate or Related Rights Registration Certificate (made according to Form No. 06 of Appendix III issued together with this Decree);
Power of attorney if the applicant is a person authorized by the author, copyright holders or related rights holders as prescribed in Clause 6, Article 38 of this Decree;
Evidence (if any);
The original certificate of copyright registration, the certificate of registration of related rights has been issued with copies of works, fixation of performances, phonograms, video recordings and broadcasts, which have been stamped , write the number of Certificate of Copyright Registration, Certificate of Registration of Related Rights;
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Thus, the application includes:
- An application for invalidation of the copyright registration certificate or related rights registration certificate;
- Authorization document (in case the applicant is a person authorized by the author, copyright holder, or related right holder);
- Evidence (if any);
- The original Certificate has been issued with copies of works, fixation of performances, phonograms, video recordings, and broadcasts, stamped and numbered Certificate of copyright registration, Certificate of registration of related rights.
In which cases does an organization or individual request an invalidation of copyright registration certificates and related right registration certificates in Vietnam?
Pursuant to the provisions of Clause 1, Article 42 of Decree No. 17/2023/ND-CP as follows :
Invalidation of copyright registration certificates and related right registration certificates
1. The specialized agency in charge of state management of copyright and related rights of the Ministry of Culture, Sports and Tourism has the authority to annul the validity of copyright registration certificates and related right registration certificates in the cases specified in Clauses 2 and 3, Article 55 of the Law on Intellectual Property.
Referring to Clause 2, Article 55 of the 2005 Law on Intellectual Property in Vietnam, Clause 3, Article 55 of the 2005 Law on Intellectual Property in Vietnam (amended by Clause 16, Article 1 of the 2022 Law on Amendments to the Law on Intellectual Property) as follows:
Re-grant, renewal and invalidation of copyright registration certificates and related right registration certificates
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2. In case the person to whom the copyright registration certificate and related right registration certificate is granted is not the author, owner of copyright or related rights or the registered work, audio recording, video recording or broadcast is ineligible for protection, the competent authority specified in Clause 2 Article 51 of this Law shall invalidate the certificate.
3. Any organization or individual that discovers that a copyright registration certificate and related right registration certificate was granted against this Law shall be entitled to request the copyright authority to invalidate the certificate.
Thus, organizations and individuals request to invalidate the copyright registration certificates and related right registration certificates when discovering that a copyright registration certificate and related right registration certificate was granted against this Law.
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