Copyright and related rights examiner’s cards are important legal documents authorizing individuals to conduct examinations in the field of intellectual property. However, in some cases, the examiner’s card may be revoked by the competent authority. So, Can a revoked copyright and related rights examiner’s license be reissued? Let’s find out in the article below.
What is a copyright and related rights examiner’s card?
A copyright and related rights examiner’s card is a document issued by a competent state agency to an individual who meets the requirements, allowing that person to conduct professional examinations in the field of copyright and related rights.
Copyright and related rights experts are responsible for providing expert opinions to serve the following purposes:
- Resolving copyright and related rights disputes
- Handling intellectual property infringement
- Litigation in courts and arbitration
- Requests from state management agencies or relevant individuals and organizations
The expert’s card is not only a legal basis for professional activity but also reflects the prestige, professional competence, and legal responsibility of the cardholder.
In what cases is a copyright and related rights expert card revoked?
According to Clause 5, Article 98 of Decree 17/2023/ND-CP, the copyright and related rights expert’s card will be revoked by the competent authority in one of the following cases:
- No longer meeting the professional requirements for expert assessment: If the cardholder no longer meets the standards and conditions of a copyright and related rights expert as stipulated in Article 93 of Decree 17/2023/ND-CP, the issued expert’s card will be revoked.
- Committing illegal acts in expert assessment activities: If the expert commits illegal acts during the expert assessment process and the competent state agency recommends the revocation of the card, the expert’s card will also be subject to revocation.
- Copyright and related rights expert cards issued improperly: In cases where there is evidence to determine that the issuance of expert cards does not comply with legal regulations, the competent authority will revoke the issued cards.
Furthermore, according to Clause 6, Article 98 of Decree 17/2023/ND-CP, the specialized state management agency on copyright and related rights under the Ministry of Culture, Sports and Tourism is responsible for compiling and publicly publishing the list of expert cards according to the decisions on issuance, re-issuance, or revocation of cards on the official website of this agency.
Can a revoked copyright and related rights examiner’s license be reissued?
This is a matter of concern for many expert cards and organizations. However, copyright and related rights expert cards can be reissued, but this does not apply to all cases.
Cases considered for card reissuance
An appraiser may be considered for card reissuance if:
- The reason for revocation is not a serious violation
- The individual has fully rectified any previously missing conditions
- The individual meets all the standards and conditions stipulated by law at the time of the reissuance request
Example: The card was revoked due to no longer meeting the professional qualifications at a certain point in time, but the individual has subsequently supplemented the necessary qualifications, experience, or conditions.
Cases not considered for card reissuance
Conversely, an appraiser’s card will not be reissued if:
- It was revoked due to fraudulent conduct or serious violations of professional ethics
- Intentionally falsifying appraisal conclusions causing serious consequences
- Using the card for illegal purposes
In these cases, not reissuing the card is a measure to protect the transparency and reliability of appraisal activities.
Procedure for reissuing a card
When eligible, individuals wishing to have their card reissued must follow the prescribed procedures, including:
- Application for card reissuance
- Documents proving that the cause of revocation has been rectified
- Documents proving that all requirements for becoming a copyright and related rights expert have been met
The competent authority will review the application and decide on the reissuance of the card based on legal and practical considerations.
The above article, “Can a revoked copyright and related rights expert card be reissued?”, VCD hopes you understand the cases of revocation and the possibility of reissuance according to legal regulations. Card reissuance depends on the cause of revocation and the fulfillment of all required conditions; therefore, experts must strictly adhere to legal regulations during their professional practice.
Sincerely,
FAQ
The specialized agency for state management of copyright and related rights under the Ministry of Culture, Sports and Tourism is the competent unit to consider and decide on the re-issuance of expert cards in accordance with the law.
The applicant must submit the required documents, including a written request for re-issuance and documents proving that the cause of revocation has been rectified, and that all conditions of a copyright and related rights expert are met at the time of application.