What is the time limit for invalidation of certificates of registered copyright in Vietnam according to the decision of the court?
- What is the time limit for invalidation of certificates of registered copyright in Vietnam according to the decision of the court?
- Which agency has the authority to invalidate certificates of registered copyright in Vietnam?
- How long is the effective period of Certificate of registered copyright in Vietnam?
What is the time limit for invalidation of certificates of registered copyright in Vietnam according to the decision of the court?
Pursuant to the provisions of Article 55 of the Law on Intellectual Property 2005 as amended by Clause 16, Article 1 of the Law on amendments to some Articles of the Law on Intellectual Property 2022 regulating the Re-grant, renewal and invalidation of certificates of registered copyright and certificates of registered related rights is as follows:
Re-grant, renewal and invalidation of certificates of registered copyright and certificates of registered related rights
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4. The competent authority shall issue the decision to invalidate the certificate of registered copyright or related rights within 15 working days from the receipt of any of the following documents:
a) An effective decision or judgment of the court, or decision of an authority having the power to take actions against intellectual property rights infringement stipulated in Article 200 of this Law on invalidation of the certificate of registered copyright or related rights;
b) A document of the organization or individual that was granted the certificate of registered copyright or related rights requesting invalidation of the granted certificate.
5. The Government of Vietnam shall elaborate this Article.
Thus, the time limit for issuance of the decision to invalidate the certificate of registered copyright or related rights is within 15 working days from the receipt of an effective decision or judgment of the court.
What is the time limit for invalidation of certificates of registered copyright in Vietnam according to the decision of the court?
Which agency has the authority to invalidate certificates of registered copyright in Vietnam?
Pursuant to the provisions of Clause 1, Article 42 of Decree 17/2023/ND-CP regulating the annulment of Certificate of registered copyright, Certificate of registered related rights as follows:
Annulment of Certificate of registered copyright, Certificate of registered related rights
1. State authorities governing copyright and related rights affiliated to the Ministry of Culture, Sports and Tourism are allowed to annul Certificate of registered copyright, Certificate of registered related right for cases under Clause 2 and Clause 3 Article 55 of the Law on Intellectual Property.
2. Organizations and individuals holding Certificate of registered copyright, Certificate of registered related right shall apply for annulment of Certificate of registered copyright, Certificate of registered related right as follows:
a) The applicants shall submit application for annulment of Certificate of registered copyright, Certificate of registered related right and pay fees as per the law;
b) Application for annulment of Certificate of registered copyright, Certificate of registered related right consists of:
Form No. 6 under Appendix III attached hereto;
Power of attorney if the applicants are authorized by authors, copyright holders, related right holders in accordance with Clause 6 Article 38 hereof;
Proof (if any);
Original copies of Certificate of registered copyright, Certificate of registered related right together with copies of works, fixed copies of performances, audio recordings, video recordings, broadcasting programs that bear the seal and number of Certificate of registered copyright, Certificate of registered related right;
c) Competent authorities shall review, classify, and consider legitimacy of the application within 1 month from the date on which they receive the application;
d) In case of inadequate application, competent authorities shall request the applicants to make adjustments to the application.
The applicants must adjust their application within 1 month from the date on which they receive notice requesting adjustment to their application except for force majeure or other objective hindrance as per the law. If the applicants fail to make adequate adjustment or any adjustment at all, competent authorities shall return their application;
dd) In case of adequate application, competent authorities are responsible for issuing revised Certificate of registered copyright, Certificate of registered related right within 15 working days.
Thus, State authorities governing copyright and related rights affiliated to the Ministry of Culture, Sports and Tourism are allowed to annul Certificate of registered copyright.
How long is the effective period of Certificate of registered copyright in Vietnam?
Pursuant to the provisions of Article 44 of Decree 17/2023/ND-CP regulating the effective period of Certificate of registered copyright as follows:
Effective period of Certificate of registered copyright, Certificate of registered related rights
All types of Certificate of registered copyright and Certificate of registered related rights issued by the Copyright Protection Firm of Vietnam, the Copyright Protection Agency of Vietnam, Literature – Art Copyright Office or the Copyright Office of Vietnam still remain valid.
Thus, All types of Certificate of registered copyright and Certificate of registered related rights issued by the Copyright Protection Firm of Vietnam, the Copyright Protection Agency of Vietnam, Literature – Art Copyright Office or the Copyright Office of Vietnam still remain valid.
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