Nowadays, copyright has become an essential issue in protecting intellectual property. A Certificate of Copyright Registration is not only a legal document but also a tool to help authors assert ownership of their works. However, the process of applying for this Certificate is not always smooth, many applications for the Certificate have been rejected. The following VCD article will help you understand “Why is the application for a Certificate of Copyright Registration rejected?”.
1. What is a Certificate of Copyright Registration?
Copyright, also known as copyright, is the exclusive right of the author to their own work. According to Clause 2, Article 4 of the current Law on Intellectual Property, copyright is the right of an organization or individual to the work they create or own.
Copyright arises from the moment the work is created and expressed in a certain material form, regardless of content, quality, form, means, language, and regardless of whether the work has been published or not, registered or not.
Copyright is the confirmation of the competent authority for intellectual products created by people with their brains and skills. This confirmation ensures that the creator of the product has full rights to use his work for economic purposes and anyone who wants to use the work for commercial purposes must have their permission. If there is no consent and the use of a work not created by the author will be considered an act of copyright infringement.
Therefore, the Copyright Certificate is understood as a document issued by a competent State agency to the author, copyright owner to record information about the author, work, and copyright owner. The Copyright Certificate will include the following contents:
- Name of the work.
- Type of work.
- Name, address, nationality, identity card number or citizen identification number of the author, copyright owner (Business registration number if the owner is an organization).
- Book and date of issuance of the Copyright Registration Certificate.
2. Cases in which the Copyright Registration Certificate is refused.
Pursuant to Clause 2, Article 39 of Decree 17/2023/ND-CP, the competent state agency shall refuse to issue the Copyright Registration Certificate in the following cases:
Case 1: Failure to meet the conditions specified in Clause 4, Article 38 of this Decree on the subject and object of registration.
Case 2: Invalid registration dossier
Within 01 month from the date of receiving the dossier, the Copyright Office will review the form of the application and will notify in writing through the contact information of the applicant if there are any errors in the dossier:
- Not registered to get the dossier code on the national public service portal.
- The dossier is not in the correct form, has spelling errors, erasures, etc.
- Attached documents are missing or inappropriate.
- The application does not describe the work, lacks information, does not clearly state the registration subject, etc.
Case 3: Detecting a work whose form and content violate the provisions of the Constitution, Law, and oppose the Party and the State.
Case 4: Detecting a work that is in dispute, complaint, denunciation and has not yet had a legally effective decision from a competent state agency.
Case 5: After the prescribed time limit, the competent state agency has not received a valid dossier or the submitted dossier is still invalid. Therefore, according to the provisions of Point c, Clause 5, Article 38 of this Decree, within a maximum period of 01 month from the date of receipt of the notice, organizations and individuals must amend and supplement, except in cases of force majeure or objective obstacles as prescribed by law, they must fully supplement the dossier.
Therefore, when submitting dossiers for registration of copyright and related rights, organizations and individuals need to pay attention to the necessary conditions for being granted a Certificate. At the same time, they must also comply with the regulations on the time limit for supplementing dossiers to avoid being denied a Certificate of copyright registration or a Certificate of registration of related rights.
3. Consulting services related to dossiers and procedures for registration of copyright of VCD.
Vietnam Copyright Development Joint Stock Company (VCD) advises on issues related to copyright and related rights as follows:
- Consulting on documents, procedures, drafting documents and papers to send to competent state agencies.
- Consulting on resolving copyright disputes.
- Consulting on transferring copyright and related rights.
- Representing in litigation on copyright issues.
- Cooperating in exploiting copyright and related rights.
Vietnam Copyright with the mission of protecting copyright, bringing positive impacts to the business environment in the field of copyright, becoming a leading model enterprise in Vietnam in digital transformation and applying information technology in protecting copyright in Vietnam.
Above is the article “Why is the application for a Certificate of Copyright Registration rejected?” that VCD sends to you. We hope you find this article useful.
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