著作財產權質權登記及查閱辦法

These Regulations are adopted pursuant to Article 23, Paragraph 3 of the Law for the Development of the Cultural and Creative Industries (hereinafter "the Act")

1An application for registration of the creation, assignment, alteration, extinguishment, or restriction of disposition, of a pledge of economic rights may be made by one of the parties involved.

2An application for registration of the assignment, alteration, extinguishment, or restriction of disposition, of a pledge of economic rights shall be made only after the application for registration of creation of the pledge.

1An application pursuant to Article 23, Paragraph 1 of the Act for registration of a pledge of economic rights shall be made by submitting an application form with the following documents:

21. For registration of creation of a pledge, the pledge agreement or other document evidencing creation of the pledge.

32. For registration of an assignment of pledge, the assignment agreement and the original pledge agreement or other document evidencing the creation of the original pledge.

43. For registration of the alteration of a pledge, documents evidencing the alteration.

54. For registration of the extinguishment of a pledge, documents evidencing the discharge of the obligation, documents evidencing the agreement of each party to the extinguishment of the pledge, a final and conclusive court judgment or other evidentiary document that has the same legal effect, pursuant to law, as to a final and conclusive court judgment.

65. For registration of a restriction of disposition of a pledge, documents evidencing the restriction of disposition.

76. Other relevant documents designated by the competent copyright authority.

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1Under any of the following circumstances, the competent copyright authority shall notify the applicant to supplement or correct the application within a specific deadline:

21. Fees have not been paid in accordance with regulations.

32. The application form has not been signed or sealed by the applicant or the applicant's agent.

43. The information required in the application has not been provided, is incomplete, or does not conform to the documentary evidence provided.

54. Required attachments have not been provided.

65. Other matters that require supplementation or correction.

1Under any of the following circumstances, the competent copyright authority shall reject the application with a written explanation of the reasons:

21. The applicant is not one of the persons designated by Article 2, Paragraph 1.

32. The subject of the application does not comply with Article 23, Paragraph 1 of the Act.

43. The application involves a dispute with an interested party and its content involves private rights.

54. The information set out in the application form contains misrepresentations.

65. The competent copyright authority has set a specific deadline for supplementation or correction in accordance with the preceding article, and the applicant has failed to meet the deadline for supplementation, or has met the deadline but the application nevertheless remains incomplete.

1When the competent copyright authority approves a registration, it shall notify the applicant in writing and publicly announce the information on its website.

2The competent copyright authority shall establish and maintain a registry of pledges of economic rights, including the reasons for the approval of each registration. Any person may apply to view the registry.

1Applications for registration submitted pursuant to these Regulations shall use the documents and forms designated by the competent copyright authority.

2An applicant that submits any document in a foreign language shall also attach a Chinese translation or a translation of the relevant portions.

These Regulations shall come into force from the date of their issuance.