Procedures for canceling the certificate of registration of related rights

Canceling the certificate of registration of related rights is a complicated legal procedure, requiring strict compliance with the provisions of law. This procedure includes preparing documents, submitting applications and waiting for competent authorities to review. This process can take a lot of time and effort. This article will provide detailed instructions on the steps, helping customers clearly understand the process and avoid errors during implementation.

Consequences of canceling the certificate of registration of related rights

Canceling the certificate of registration of related rights leads to many significant legal consequences. This directly affects the rights and interests of related rights owners. When the Certificate is canceled, the owner loses the legal basis to protect his or her rights.

According to Article 55 of the Law on Intellectual Property 2005, amended and supplemented by Clause 16, Article 1 of the revised Law on Intellectual Property 2022, effective from January 1, 2023, the invalidation of the Certificate occurs when the person is not the real owner or the registered object is not within the scope of protection. This is to ensure accuracy and fairness in the protection of related rights.

Specific consequences include:

• Loss of exclusive rights to exploit related rights objects;
• Difficulty in proving ownership before authorities;
• Reduced ability to prevent rights infringement;
• Effects related transfer and licensing contracts.

Procedure for canceling the certificate of registration of related rights

Documents need to be prepared

To invalidate the Certificate of Related Rights Registration, customers need to prepare complete documents according to the provisions of law. Preparing accurate documents is an important step that determines the processing time and results of the procedure. According to Article 42 of Decree 17/2023/ND-CP effective from April 26, 2023, the dossier requesting invalidation of the Certificate of related rights registration includes:

• Application for invalidation of the Certificate of registration of related rights (according to Form No. 06, Appendix III of Decree 17/2023/ND-CP);
• Authorization document (if the applicant is an authorized person);
• Relevant evidence (if any);
• The original Certificate of Related Rights Registration has been issued with a copy of the related rights object stamped and the Certificate number recorded;

Customers need to be careful to prepare a complete set of documents according to regulations and submit them with fees and charges as prescribed by law. Missing any element in the application may result in the application being returned and prolonging the processing time.

>>> Download: Application to invalidate the Certificate of registration of related rights

Procedures for canceling the certificate of registration of related rights according to regulations

The process to invalidate the Certificate of Related Rights Registration is carried out according to the following steps, based on Article 42 of Decree 17/2023/ND-CP:

Step 1: Submitting documents Customers submit 01 set of documents to request invalidation of the Certificate of registration of related rights and fees and charges according to regulations at the Copyright Department – Ministry of Culture, Sports and Tourism;

Step 2: Reviewing the validity of the dossier The competent authority will review and consider the validity of the dossier within 01 month from the date of receipt of the dossier. If the dossier is not valid, the competent authority will notify the request for amendment and supplementation;

Step 3: Cancellation of Certificate If the dossier is valid, within 15 working days, the competent authority will proceed to invalidate the issued Related Rights Registration Certificate.

Important notes when canceling the certificate of registration of related rights

When carrying out the procedure of canceling the certificate of registration of related rights, customers need to note a number of important points to ensure the process goes smoothly and in accordance with the law.

Firstly, it is necessary to clearly understand the cases where the Certificate is invalidated according to Article 55 of the Law on Intellectual Property 2005, amended and supplemented by Clause 16, Article 1 of the revised Law on Intellectual Property 2022. Specifically, the Certificate The receipt will be annulled if the grantee is not the true owner or the related right object is not subject to protection.

Second, preparing complete and accurate documents is very important. Customers need to ensure the dossier components as prescribed in Article 42 of Decree 17/2023/ND-CP. Pay special attention to using the correct application form and submitting the original issued Certificate.

Third, comply with the prescribed deadline. If you receive a notice requesting to amend or supplement documents, customers have a maximum period of 01 month to do so, unless force majeure occurs.

Consulting services on canceling the certificate of registration of related rights

To ensure that the process of canceling the certificate of registration of related rights takes place smoothly and in accordance with the law, customers can consider using our professional consulting services. Intellectual property experts will support customers throughout the entire process.

Consulting services at Long Phan include the following contents:

• Consulting on cases and conditions for invalidating the Certificate;
• Instructions for preparing complete and accurate documents according to regulations;
• Representative submits documents and monitors the processing process at the competent authority;
• Support explanations and additional documents if requested by authorities;
• Consulting on legal issues related to related rights after the Certificate is canceled.

Using consulting services helps save time, effort and ensures the process is carried out in accordance with regulations, avoiding legal risks that may arise.

Canceling the validity of a Related Rights Registration Certificate is a complex legal procedure, requiring a deep understanding of intellectual property laws. Customers need to consider carefully before implementing and prepare complete and accurate documents. For detailed advice on this process, please contact hotline 0906735386 to receive dedicated support from our legal experts.