How much does it cost to perform copyright and related rights assessment?

Article overview

Examination of copyright and related rights is an essential element in resolving disputes related to intellectual property. This process not only helps determine ownership accurately but also plays an important role in protecting the rights of authors and owners of works. Knowing that, Long Phan will work with customers to analyze each aspect of this appraisal process in detail.

Costs for conducting copyright and related rights appraisals
Costs for conducting copyright and related rights appraisals

Subjects have the right to request an assessment of copyright and related rights

Subjects with the right to request an assessment of copyright or related rights include:

  • Copyright and related rights holders: These are individuals and organizations that own copyright or related rights to a work or related rights object (such as a performance, sound recording, video recording, or broadcast). They have the right to request an appraisal when there is suspicion of infringement of their legitimate rights.
  • Persons required to handle acts of infringement: Individuals or organizations accused of copyright infringement also have the right to request an assessment to protect their rights before the authorities.
  • Parties involved in the dispute: Agencies, organizations or any third party with related rights and obligations in lawsuits or disputes over copyright or related rights have the right to request an assessment.

CSPL: Article 100 of Decree 17/2023/ND-CP.

Subjects have the right to request an assessment of copyright and related rights
Subjects have the right to request an assessment of copyright and related rights

Process for requesting an assessment of copyright and related rights

The inspection request process is specified in quite detail, with clear steps and specific required documents.

Inspection request documents

Inspection request documents need to be complete and accurate so that the process can be carried out smoothly. Records usually include:

  • Application for appraisal: The application must clearly state the full name and address of the requester, information about the work to be appraised, reason and purpose of the request.
  • Documents proving ownership: This can be a certificate of copyright, related rights or any document proving ownership of the requester.
  • Work needing appraisal: This can be the original or a copy of the work (such as writing, images, and sounds) related to the appraisal request.
  • Other documents: Depending on the case, additional documents such as contracts and agreements related to the work may be necessary.

Preparing complete and valid documents is an important first step for the appraisal agency to receive and conduct the appraisal process.

CSPL: Clause 1, Article 101, Decree 17/2023/ND-CP.

Implementation steps

According to Decree 17/2023/ND-CP, the process of assessing copyright and related rights is carried out through the following steps:

  • Step 1: Receive the appraisal request
    After receiving the request for appraisal, the competent authority will check the validity of the dossier, ensuring that the documents and works needing appraisal meet legal requirements.
  • Step 2: Conduct an inspection
    The judicial examiner or appraisal organization will use scientific and technical methods to examine, evaluate, and draw conclusions. The appraisal must ensure objectivity, science, and accuracy.
  • Step 3: Prepare and present appraisal conclusions
    After completing the appraisal, the appraiser will prepare an appraisal conclusion, clearly stating the findings, and then send the conclusion to the requester. This conclusion will be an important legal basis for resolving disputes.

This entire process must comply with the law and ensure fairness and transparency.

Costs for conducting copyright and related rights appraisals

The cost of an appraisal is an important factor that needs to be understood before conducting an appraisal of copyright and related rights. According to the provisions of Article 109 of Decree 17/2023/ND-CP, appraisal costs will be agreed upon by the parties and include a number of main costs such as:

  • Experimental costs: If the inspection requires the use of specific testing methods or techniques, this cost will include the activities of performing the necessary experiments to clarify the problem.
  • Costs for using machinery and equipment: These are costs related to the use of necessary technical tools and equipment to perform inspection. For example, in cases of audio or visual inspection, the use of specialized equipment is indispensable.
  • Document research costs: Appraisers need time and resources to research relevant documents and evaluate all documents to ensure objective and complete appraisal results.
  • Discussion and evaluation costs: If the appraisal requires the participation of many experts or a meeting to discuss the results, this cost will include remuneration for experts and necessary meetings.

In addition to these main costs, additional management and necessary costs may also arise during the implementation process. All costs will have to be agreed and clearly specified in the inspection contract between the parties.

Cost of performing copyright and related rights appraisals
Cost of performing copyright and related rights appraisals

Copyright and related rights assessment consulting services at Long Phan

At Long Phan, copyright and related rights assessment consulting services are performed by a team of experienced consultants in the field of intellectual property. Long Phan’s consulting process includes:

  • Consulting and providing information on regulations related to copyright and related rights.
  • Perform a detailed assessment of the intellectual property rights of the work, and determine who owns it and its accompanying rights.
  • Assist customers in collecting necessary documents to prove copyright in case of a dispute.
  • Customer representative submits documents to the competent authority.
  • Representing clients in negotiations, conciliation or dispute resolution related to copyright and related rights.
  • Provide solutions and strategies to protect the rights of authors and owners against infringements.

With a team of highly experienced and specialized experts, Long Phan will help customers effectively protect their rights in cases related to copyright and related rights. This helps ensure that parties can exercise their rights properly and effectively in a complex legal environment. Please contact us immediately via the hotline 0906735386 for detailed advice and support in implementing copyright and related rights assessment procedures.