Each author is dedicated to creating works bearing their own imprint. At the same time, the author also wants the copyright to his work to be protected by law. What happens in case the author requires the re-issuance of Copyright Registration Certificate for foreign works? Let’s find out in this article with LSX Law firm.
Law on Intellectual Property 2005
Decree No. 22/2018/ND-CP
Cases of re-issuance, changing or invalidation of copyright Registration Certificate for foreign works
According to regulations In Article 35 of Decree No. 22/2018/ND-CP, the Certificate may be re-issued to the author who wishes to re-issue, change or cancel its validity in the following cases:
“1. In case the Copyright Registration or Related Rights Registration Certificate is lost, damaged or there is a change in the copyright or related rights holders, the competent authority specified in Clause 2, Article 51 of this Law, is in charge of re-issuing or changing the Certificate of registration of copyright and the Certificate of registration of related rights.
2. In case the holder of a Copyright Registration or Related Rights Registration Certificate is not an author, copyright holder, related right holder. Also, if the work is not subject to protection, the competent state agency specified in Clause 2, Article 51 of this Law shall cancel the validity of the copyright registration certificate, the certificate of registration of copyright, certificate of registration of related rights.
3. So, Organizations and individuals that discover that the issuance of a Copyright Registration or Related Rights Registration Certificate is contrary to the provisions of this Law may request the state management agency in charge of copyright to invalidate the copyright registration certificates, related rights registration certificates”.
Re-issuance of Copyright Registration Certificate for foreign works
When the author loses the Copyright registration certificate, he can request the competent agency to re-issue it.
Procedures for re-issuance of Copyright Registration Certificate for foreign works
Dossier for re-issuance of Copyright Registration Certificate for foreign works
So, Authors, copyright owners, and related owners who need to re-issue a copyright registration certificate need to submit a dossier consisting of:
- An application for re-issuance of a copyright registration certificate .
- Registration declaration (Same as the first registration).
- Two copies of the work.
- Notarized copy of the identity card / CCCD of the author.
- Written consent of co-authors, if the work has co-authors.
- Written consent of the co-owners if the copyright belongs to the joint owner.
- If the applicant is an authorized person, a power of attorney is neccesary.
- In case the applicant is the beneficiary of that right of another person due to inheritance, transfer or inheritance, there must be documents proving the right to file the application.
Note: All of the above-mentioned papers and documents must be in Vietnamese, in case they’re in a foreign language, you will need to translate them into Vietnamese.
The order of implementation of application for re-issuance
- Firstly, authors submit dossiers to the Ministry of Culture, Sports and Tourism (Copyright Department); the agency with the authority to re-issue Certificates to the authors in need.
- In case of refusal to re-issue the Copyright Registration Certificate; Certificate of registration of related rights; The Ministry of Culture, Sports and Tourism must notify the applicant in writing.
Certificate re-issuance fee
So, The fee for re-issuance of a copyright registration certificate depends on the type of protected work, including:
- Written works; lectures, speeches and other speeches; journalistic works; musical works; photographic works: 50,000 VND
- Architectural works; maps, diagrams, maps, drawings related to topography, scientific works: 150,000 VND
- Plastic works; works of applied art: 200,000 VND
- Cinematographic works; theatrical works fixed on tapes and discs: VND 250,000
- Computer programs, data collection or programs running on computers: VND 300,000
Term of reissuing certificate
Within seven working days from the receipt of valid dossiers, the Ministry of Culture, Sports and Tourism (Department of Copyright) is responsible for issuing the certificate of registration of copyrights, Certificate of registration of related rights.
Thus, the re-issuance of the Certificate must be determined by the author in the case prescribed by law. At the same time, the person wishing to re-issuance needs to ensure that he/she fully prepares the dossier and performs the order and procedures according to the steps above.