Invalidation of copyright registration certificates, related rights registration certificates

To protect the legitimate rights and interests of authors, copyright owners, and related rights owners, the intellectual property law has established regulations on the invalidation of the Copyright registration certificates (“CRCs”) and the Related rights registration certificates (“RRRCs”). In this article, we will focus on clarifying the legal provisions related to the invalidation of CRCs and RRRCs so that readers can do it in practice.

1. Competence of invalidation of Copyright Registration Certificates, Related Rights Registration Certificates

According to the provisions in Section 39 of Decree No. 22/2018/ND-CP, the Copyright Office of Vietnam is competent to invalidate CRC and RRRC. Therefore, when a request for invalidation of the CRC or RRRC arises, individuals and organizations need to submit dossiers to the Copyright Office of Vietnam.

• Cases of invalidation of Copyright Registration Certificates, Related Rights Registration Certificates

Firstly, the Copyright Office of Vietnam shall invalidate the CRC or RRRC in case the person to whom the certificate of registered copyright or registered related rights is granted is not the author, owner of the copyright or related rights or the registered work, audio recording, video recording or broadcast is ineligible for protection.

Secondly, any organization or individual that discovers that a certificate of registered copyright certificate or registered related rights was granted against the Intellectual Property Law shall be entitled to request the Copyright Office of Vietnam to invalidate the certificate.

• Dossier of request for invalidation of Copyright Registration Certificates, Related Rights Registration Certificates

To invalidate the CRC or RRRC, depending on the specific case, organizations and individuals need to submit the following documents:

• An application for invalidation of CRC or RRRC;

• Documents proving that CRC or RRRC was issued in contravention of the provisions of the Intellectual Property Law (if any);

• Documents proving that the person to whom the certificate of registered copyright or registered related rights is granted is not the author, owner of the copyright or related rights or the registered work, audio recording, video recording, or broadcast is ineligible for protection (if any);

• 02 copies of works or 02 copies of performances, phonograms, video recordings, broadcasts (if any);

• An effective decision or judgment of the court, or decision of an authority having the power to take actions against intellectual property rights infringement on invalidation of the certificate of registered copyright or related rights (if any);

• The copy of the granted CRC or RRRC (if any).

Depending on the reason for requesting invalidation of the CRC or RRRC, the individual or organization needs to provide the Copyright Office of Vietnam with appropriate documents. The fact that individuals and organizations provide sufficient documents to prove the invalidation request will assist this Office to accelerate the implementation of the invalidation of CRC or RRRC.

• Time limit for invalidation of Copyright Registration Certificates, Related Rights Registration Certificates

The Copyright Office of Vietnam 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:

• An effective decision or judgment of the court, or decision of an authority having the power to take actions against intellectual property rights infringement on invalidation of the certificate of registered copyright or related rights;

• A document of the organization or individual that was granted the certificate of registered copyright or related rights requesting invalidation of the granted certificate.

• Legal services to support copyright protection of Vietnam Copyright Development Joint Stock Company

With a team of experienced legal experts, VCD confidently assists Clients in resolving issues related to copyright protection. With the principle of always protecting Clients’ legal rights and interests, VCD strives to provide the most prompt and effective work implementation. Besides, VCD regularly reports the progress and provides the next action plan so that Clients can easily monitor and evaluate the work results. Clients can completely trust our legal services to protect the copyright.

Above is the article “Invalidation of copyright registration certificates, related rights registration certificates“. We hope this article is useful to you.