What is the full text of the registration method for copyright pledge contracts
"Copyright Pledge" Registration Measures"
Article 1 is to regulate the behavior of copyright pledge, protect the legitimate rights and interests of creditors, and safeguard copyright Transaction order, these Measures are formulated in accordance with the relevant provisions of the "Property Law of the People's Republic of China", the "Guarantee Law of the People's Republic of China" and the "Copyright Law of the People's Republic of China".
Article 2: The National Copyright Administration is responsible for the registration of copyright pledges.
Article 3 The property rights in copyright and copyright-related rights (hereinafter collectively referred to as "copyright") stipulated in the "Copyright Law of the People's Republic of China" may be pledged.
If a jointly owned copyright is pledged, the consent of all co-owners must be obtained, unless otherwise agreed.
Article 4 If the copyright is pledged, the pledger and the pledgee shall enter into a written pledge contract, and both parties shall jointly handle the copyright pledge with the registration agency Rights registration.
The pledgor and the pledgee can handle it themselves or entrust an agent to handle it.
Article 5 The establishment, change, transfer and elimination of copyright pledge shall become effective when it is recorded in the "Copyright Pledge Register".
Article 6 To apply for registration of copyright pledge, the following documents should be submitted:
( 1) Copyright pledge registration application form;
(2) Identity certificates of the pledgor and pledgee;
(3) Main contract and copyright pledge contract;
(4) If an agent is entrusted to handle the matter, a letter of authorization must be submitted and the identity certificate of the trustee;
(5) If a jointly owned copyright is pledged, a written document agreeing to the pledge shall be submitted;
(6) If you authorize others to use it before making a pledge, submit an authorization contract;(7) If you make a pledge If the copyright has been valued, the pledgee requires a value assessment, or relevant laws and regulations require a value assessment, a valid value assessment report shall be submitted;
(8) Others Materials required.
The documents submitted are in foreign languages and must be accompanied by Chinese translations.
Article 7 Copyright pledge contracts generally include the following contents:
(1) Exit Basic information of the pledgee and the pledgee;
(2) Type and amount of the guaranteed creditor's rights;
(3) The time limit for the debtor to perform its debt;
(4) The content and protection period of the pledged copyright;
(5) The scope and period of the pledge guarantee;
(6) Other matters agreed upon by the parties.
Article 8 If the materials submitted by the applicant are complete, the registration agency shall accept them. Incomplete materials submitted will not be accepted by the registration agency.
Article 9: If the requirements are met after review, the registration agency shall register it within 10 days from the date of acceptance and issue the "Pledgor and Pledgee" Copyright Pledge Registration Certificate".
Article 10: If the application does not meet the requirements upon review, the registration agency shall notify the applicant to make corrections within 10 days from the date of acceptance. The notice of supplementation and correction shall specify the matters to be supplemented and corrected and the reasonable time limit for supplementation and correction. Failure to make corrections within the time limit without justifiable reasons will be deemed to have withdrawn the application.
The contents of Article 11 "Copyright Pledge Registration Certificate" include:
( 1) Basic information of the pledger and the pledgee;
(2) Basic information of the pledged copyright;
(3) Copyright pledge registration number;
(4) Registration date.
The "Copyright Pledge Registration Certificate" should indicate: The copyright pledge is established on the date of registration.
Article 12 If any of the following circumstances occurs, the registration agency will not register:
(1) The pledgor is not the copyright owner;
(2) The contract violates mandatory provisions of laws and regulations;
(3) The protection period of the pledged copyright has expired;
(4) The debtor’s time limit for fulfilling the debt exceeds the copyright protection period ;
(5) There is a dispute over the ownership of the pledged copyright;
(6) Others that do not meet the conditions for pledge.
Article 13 Before the registration agency handles the registration of copyright pledge, the applicant may withdraw the registration application.
Article 14 During the period of copyright pledge, the pledger shall not transfer or permit others to use the pledged rights without the consent of the pledgee.
The price earned by the pledgor from transferring or permitting others to use the pledged rights shall pay off the debt in advance or deposit it with the pledgee.
Article 15 If any of the following circumstances occurs, the registration agency shall cancel the pledge registration:
(1) The circumstances listed in Article 12 are discovered after registration;
(2)The effective ruling or administrative penalty decision issued by the judicial authority, arbitration authority or administrative authority that affects the effectiveness of the pledge should be revoked;
(3) Copyright pledge The copyright contract is invalid or revoked;
(4) The applicant provides false documents or uses other means to defraud the registration of copyright pledge;
(5) Other matters that should be revoked.
Article 16 During the copyright pledge period, the basic information of the applicant, the basic information of the copyright, the type and amount of guaranteed claims, or the scope of the guarantee, etc. If a change occurs, the applicant shall apply to the registration agency for change registration with the change agreement, the original "Copyright Pledge Registration Certificate" and other relevant materials.
Article 17: For application for change of registration, the registration agency shall complete the review within 10 days from the date of acceptance. If the requirements are met after review, the changes will be registered.
If the change involves a change in the content of the certificate, the original registration certificate should be returned, and the registration agency will issue a new certificate.
Article 18 Under any of the following circumstances, the applicant shall apply for cancellation of pledge registration:
(1) The pledgor and the pledgee agree to cancel by consensus;
(2) The main contract has been performed;
(3) The pledge right is realized;
(4) The pledgee gives up the pledge right;
(5) Others that lead to the elimination of the pledge right.
Article 19: Those who apply for cancellation of pledge registration shall submit the cancellation registration application, cancellation registration certificate, applicant's identity certificate and other materials, and return the original "Copyright Pledge Registration Certificate".
The registration agency shall complete the application within 10 days from the date of acceptance and issue a cancellation notice.
Article 20: The registration agency shall establish a "Copyright Pledge Registration Book" to record relevant information on copyright pledge registration for public use.Public inquiries.
The contents of the "Copyright Pledge Registration Certificate" shall be consistent with the contents of the "Copyright Pledge Registration Book". If the records are inconsistent, the "Copyright Pledge Registration Book" shall prevail unless there is evidence proving that the "Copyright Pledge Registration Book" is indeed incorrect.
Article 21 "Copyright Pledge Registration Book" shall include the following contents:
(1) Basic information of the pledgor and pledgee;
(2) Main contents of the copyright pledge contract;
(3) Copyright pledge registration number;
(4) Registration date;
(5) Registration cancellation;
(6) Registration changes;
(7) Registration and cancellation status;
(8) Other contents that need to be recorded.
Article 22 If the "Copyright Pledge Registration Certificate" is lost or damaged, You can apply to the registration agency for reissue or replacement. The registration agency shall reissue or replace the application within 5 days from the date of receipt of the application.
Article 23: The registration agency shall publish the basic information on copyright pledge registration through the website of the National Copyright Administration.
Article 24 The National Copyright Administration is responsible for the interpretation of these Measures.
Article 25 These Measures shall come into effect on January 1, 2011. The "Registration Measures for Copyright Pledge Contracts" issued by the National Copyright Administration on September 23, 1996 were abolished at the same time.
Copyright Pledge Contract Registration Procedure
Registration of Pledge Contract Mechanism
According to my country's "WorksAccording to the provisions of the Measures for the Registration of Copyright Pledge Contracts, the National Copyright Administration is the administrative agency for the registration of copyright pledge contracts. The National Copyright Administration designates a specialized agency to register copyright pledge contracts and collect registration fees.
Application for registration of pledge contract
Registration of copyright pledge contract shall be made by the pledgor Go to the registration authority together with the pledgee to apply. However, either the pledgor or the pledgee can also apply with the other party's power of attorney.
(1) Documents that should be submitted
When the parties apply for registration of a copyright pledge contract, they should Provide the following documents to the registration authority:
1. Copyright pledge contract application form completed as required;
;">2. Legal identity certificate or legal person registration certificate of the pledgor and pledgee;
3. Main contract and copyright pledge contract;
4. Proof of rights to the work;
5. If the joint copyright is pledged, the joint copyright owner’s Written agreement;
6. If property rights in computer software copyrights are pledged to foreigners, approval documents from the relevant competent authorities of the State Council;
7. Letter of authorization and legal identity certificate of the authorized person;
8. Authorized use of the copyright before the copyright is pledged Documents proving the situation;
9. Other materials that need to be provided.
(2) Contents that the pledge contract should include:
1. Name of the party ( or name) and address;
2. Type and amount of the guaranteed principal claim;
3. The time limit for the debtor to perform its debt;
4. Pledge of copyrightType, scope, protection period;
5. Scope of pledge guarantee;
6. The period of pledge guarantee;
7. The amount of pledge and payment method;
8. Other matters agreed upon by the parties.
Examination of application by registration authority
Registration authority shall receive complete application form from the applicant. The review of application documents will be completed within ten working days from the date of application. After reviewing the pledge contract that meets the regulations, the registration authority will register it and issue a "Copyright Pledge Contract Registration Certificate". When the registration authority issues the "Copyright Pledge Contract Registration Certificate", the registration information will be included in the copyright pledge contract registration documents for public inspection.
If there is any of the following circumstances, the registration authority will not register:
(1) The contents of the copyright pledge contract need to be supplemented and corrected, but the applicant refuses to make the supplements or the supplements are unqualified;
(2) The pledger is not the copyright owner;
(3) The works involved in the pledge contract are not protected or the protection period has expired;(4) The ownership of the copyright is in dispute;
(5) The pledge contract stipulates that when the pledgee has not been repaid at the expiration of the debt performance period, the property rights in the pledged copyright Transferred to the pledgee;
(6) The applicant refuses to pay the registration fee.
Chinese citizens, legal persons or unincorporated entities that pledge property rights in computer software copyrights to foreigners must also obtain approval from the relevant competent authorities of the State Council.
The above knowledge is the editor's answer to the question "What is the full text of the registration method for copyright pledge contract?" The National Copyright Administration of my country has issued the method for registration of copyright pledge contract The amendments have been made and the new measures will come into effect on January 1, 2011. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
No comments yet. Say something...