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Regulations Governing Registration of Plate Rights

REGULATIONS GOVERNING REGISTRATION OF PLATE RIGHTS

Promulgated on February 23, 1998 per Letter No. Tai-(87)-Nei-Chu- Tze 8785536.

Amended and Promulgated by Ministry of Economic Affairs on November 5,2003 per Letter No. Ging-Zhi-Tze 09204612840.


Article 1

These regulations are prescribed in accordance with Paragraph 5 of Article 79 of the Copyright Act (hereinafter referred to as "the Act").

Article 2

An application for recordation of plate rights shall be filed by the plate-maker with the Copyright Authority charged with copyright matters.An application for recording the assignment of plate rights shall be filed by the assignee with the Copyright Authority charged with copyright matters.An application for recording the trust of plate rights shall be filed jointly by the trustor and the trustee with the Copyright Authority charged with copyright matters.

Article 3

The following documents shall be submitted when applying for recordation of plate rights:

A written application for recordation of plate rights;
Evidential documents certifying that the plated literary work or artistic work has no economic rights or that such rights have been extinguished;
The original copy of the plated literary work or the original copy of the plated artistic work; and
A statement describing in detail the creation process of the said plate, together with one sample of the plated work.
In the absence of the evidential documents as set forth in Item 2 of the preceding Paragraph, an affidavit shall be submitted, stating that the plated literary work or artistic work has no economic rights or that such rights have been extinguished.For the recordation of the plate rights of an artistic work, the evidential documents certifying the first publication of the reproduction of the original copy of the artistic work by photocopy, printing, or other similar means shall be submitted. In the absence of the said evidential documents, an affidavit stating the same shall be submitted.

Article 4

In applying for registration of plate rights, the written application shall indicate the following particulars and shall be signed or sealed by the applicant or his/her agent:

The name, date of birth and address of the applicant; or, where the applicant is a juridical person, the appellation, date of establishment, address of the applicant and the name of the representative;
Where the application is filed by an agent, the name and address of the agent; or, where the agent is a juridical person, the appellation ,address of the agent and the name of the representative;
The title of the plated work;
The category of the plate;
The title of the plated original work and the name/appellation of the original author;
The name/appellation and nationality of the plate-maker; and the date the plate-making was completed.
Article 5

In applying for registration of plate rights, a plated work which shall be examined pursuant to the law shall be accompanied with the approval documents issued by the relevant competent authority.

Article 6

Where it is practically inconvenient or impossible to submit the original copy of a literary work or the original copy of an artistic work due to its significant size or volume, fragility, expensiveness, or other special circumstances, the applicant may apply to the Copyright Authority charged with copyright matters for exemption from submission of the work, or submit a detailed statement describing the said original copy or original work, a set of photographic pictures from four, five, or six views, or other substitutes.Where the sample copy of a plated work cannot be submitted as set forth in the preceding paragraph, the applicant may apply to the Copyright Authority charged with copyright matters for its approval for submitting part of the sample copy.

Article 7

A sample copy of a plate work shall, in the appropriate place, indicate the following particulars:

The title of the plated original work and the name/appellation of the original author;
The name/appellation of the plate-maker; and
The date the plate-making is completed.
The matter as set forth in Item 1 of the preceding Paragraph may be omitted if the original work did not indicate such matter.

Article 8

The following documents shall be submitted in applying for recordation of the assignment of plate rights:

1. A written application for recording the assignment of plate rights; and

2. Evidential documents certifying the assignment.

Article 9

A written application for recording the assignment of plate rights shall indicate the following particulars and shall be signed or sealed by the applicant or his/her agent:

1. Matters specified in Items 1 through 7 of Article 4;

2. Recordation number of the plate rights; and

3. Names, dates of birth, and addresses of the assignor and the assignee; or, where the assignor or the assignee is a juristic person, the appellation, date of establishment, address of the juristic person and the name of representative.

Article 10

The following documents shall be submitted in applying for recordation of the trust of plate rights, or invalidation of the trust of plate rights, or recordation of the trust ownership of plate rights:

A written application for recording the trust of plate rights; and
Trust agreement or other evidential documents.
Article 11

A written application for recording the trust of plate rights shall indicate the following particulars and shall be signed or sealed by the applicant or his/her agent:

Matters specified in Items 1 through 7 of Article 4;
Recordation number of the plate rights; and
Names, dates of birth, and addresses of the trustor and the trustee; or, where the trustor or the trustee is a juristic person, the appellation, date of establishment, address of the juristic person and the name of representative.
If the trust relationship is extinguished and the ownership of the plate rights belongs to a third party, the applicant who applies for recording the trust ownership of the plate rights shall indicate the name, date of birth, and address of the third party; or where the third party is a juristic person, the appellation, date of establishment, address of the juristic person and the name of representative.
Article 12

Where the number of applicants set forth in Article 2 is two or more, one or more of them may apply for recordation for the benefits of all the applicants.

Article 13

Where an applicant applies for recordation of plate rights by presenting foreign official documents, such documents shall be authenticated by an ROC embassy, consulate, representative office, branch office, or other institute authorized by the Ministry of Foreign Affairs of the Republic of China, or shall be verified by a court or a civil notary public of the Republic of China.Where the documents presented by an applicant are in a foreign language, a Chinese translation thereof shall be submitted.

Article 14

Where an applicant presents documents which are issued by civil, juridical person, organizational and other agencies in mainland China, such documents shall be authenticated by an agency established or appointed by the Executive Yuan or a private organization commissioned by the Executive Yuan.

Article 15

Under any of the following circumstances, the Copyright Authority shall notify the applicant for correction by a given deadline:

Where the applicant failed to pay the prescribed application fee, registration fee and/or publication fee;
Where the particulars required to be indicated in the written application for registration of plate rights are not indicated or incompletely indicated;
Where the documents required to be submitted are lacking; or4. Other situations that need to be corrected.
Article 16

Under any of the following circumstances, the Copyright Authority charged with copyright matters shall reject the application, and provide a written statement of reasons:

Where the applicant is not a person as set forth in Article 2;
Where the particulars indicated in the written application conflict with the documents submitted;
Where the items requested for recordation contravene the provisions of Paragraph 1, Article 79 of the Act, in the case of applying for recordation of plate rights;
Where the plate-making has been completed for more than ten years;
Where the items requested for recordation are untrue; or
Where the Copyright Authority charged with copyright matters has, in accordance with the preceding Article, set a deadline for correction, but the applicant has failed to correct or complete the correction by the deadline.
Article 17

In approving the recordation of plate rights, the Copyright Authority charged with copyright matters shall, in addition to docketing the recorded particulars in the Register and publishing the recordation in an official gazette, give the applicant a written notice enclosed with a transcript of the Register.

Article 18

If any error in the recorded particulars is found after the plate rights have been recorded by the Copyright Authority charged with copyright matters, the applicant may request correction of such an error by presenting evidential documents.

Article 19

Where there are errors or omissions in the recorded particulars made by the Copyright Authority charged with copyright matters in accordance with these Regulations, the applicant may request the Copyright Authority charged with copyright matters to make corrections thereof. The Copyright Authority charged with copyright matters may also initiate such corrections and notify the applicant of the corrections.

Article 20

Where after the recordation has been approved by the Copyright Authority charged with copyright matters, the recorded particulars have changed and the changes do not involve the acquisition, forfeiture, or alteration of any rights, the applicant may request the changes by presenting evidential documents.

Article 21

After the Copyright Authority has approved a registration, the applicant shall not request return of the evidential documents, the detailed statements describing the process of plate-making, and the sample copy of the plate work, which were submitted along with the application for registration.

Article 22

Where an application for registration is filed by an agent, a power of attorney or an evidential document for representation authority shall be submitted. Upon the change or discharge of the agent, the principal shall notify the Copyright Authority in writing.

Article 23

The formats of the written applications for recordation, Register, and other necessary documents and forms set forth in these Regulations shall be prescribed by the Copyright Authority charged with copyright matters.Applications requested under these Regulations shall use the documents and forms designated by the Copyright Authority charged with copyright matters.

Article 24 These regulations shall come into force from the date of promulgation.

  • Publish Date : 2008-04-19
  • Update : 2021-05-03
  • Organization : International Affairs and Planning Division
  • Visitors : 277

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