Sample Declaration Form Requesting Certification for Organizations Assessing Copyright and Related Rights, Latest 2023
Who has the right to request assessment of copyright and related rights?
Based on the provisions of Article 100 of Decree 17/2023/ND-CP as follows:
Request for Assessment of Copyright and Related Rights
1. Organizations and individuals have the right to request assessment of copyright and related rights, including:
a) Holders of copyright and related rights;
b) Organizations and individuals required to handle acts of infringement of copyright and related rights or subject to complaints or accusations regarding copyright and related rights;
c) Other organizations and individuals related to disputes, infringements, complaints, or accusations regarding copyright and related rights.
2. Organizations and individuals entitled to request assessments as stipulated in Clause 1 of this Article have the right to self-request or authorize other organizations and individuals to request an assessment organization or a copyright and related rights assessor to conduct the assessment.
3. Organizations and individuals requesting assessment of copyright and related rights have the following rights:
a) Request the assessment organization or assessor to answer the assessment conclusions according to the required content and timeline;
b) Request the assessment organization or assessor to explain the assessment conclusions;
c) Request supplementary or re-assessment as stipulated in Article 106 of this Decree;
d) Agree on the costs for the assessment request.
4. Organizations and individuals requesting assessment of copyright and related rights have the following obligations:
a) Provide full and truthful documents, evidence, and information related to the assessment object as required by the assessment organization or assessor;
b) Clearly and specifically present issues that require assessment;
c) Pay the assessment costs according to the agreement; provide an advance against the assessment costs if requested by the assessment organization or assessor;
d) Retrieve the assessment object when requested by the assessment organization or assessor.
Thus, according to the above provisions, the entities entitled to request assessment of copyright and related rights include:
- Holders of copyright and related rights.
- Organizations and individuals required to handle acts of infringement of copyright and related rights or subject to complaints or accusations regarding copyright and related rights.
- Other organizations and individuals related to disputes, infringements, complaints, or accusations regarding copyright and related rights.
Form for Requesting Certificate of Copyright and Related Rights Assessment Organization in 2023?
Latest Form for Requesting Certificate of Copyright and Related Rights Assessment Organization?
The form for requesting the certificate of copyright and related rights assessment organization follows Form No. 12 stipulated in Appendix III issued together with Decree 17/2023/ND-CP.
Download the Form for Requesting Certificate of Copyright and Related Rights Assessment Organization from here.
What does the dossier for requesting the Certificate of Copyright and Related Rights Assessment Organization include?
Based on Clause 1, Article 99 of Decree 17/2023/ND-CP, the requirements are as follows:
Procedures for Issuing, Reissuing, and Revoking Certificates of Copyright and Related Rights Assessment Organizations
1. Organizations meeting the conditions specified in Clauses 2 and 2a, Article 201 of the Intellectual Property Law and related regulatory provisions must submit one set of documents directly or via postal service to the state management agency in charge of copyright and related rights under the Ministry of Culture, Sports and Tourism. The dossier includes:
a) A request form for a certificate of copyright and related rights assessment organization (according to Form No. 12 of Appendix III issued with this Decree);
b) A certified copy or original copy of the registration certificate for operation or establishment decision issued by a competent state agency;
c) A certified copy or original copy of the recruitment decision or labor contract or working contract between the organization and the assessor working for the organization.
Thus, the dossier for requesting the Certificate of Copyright and Related Rights Assessment Organization includes:
- A request form for a certificate of copyright and related rights assessment organization (according to Form No. 12 of Appendix III issued with Decree 17/2023/ND-CP).
- A certified copy or original copy of the registration certificate for operation or establishment decision issued by a competent state agency.
- A certified copy or original copy of the recruitment decision or labor contract or working contract between the organization and the assessor working for the organization.
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