In an effort to standardize the registration of pledge of copyright, the National Copyright Administration of the People’s Republic of China issued the Measures for Registration of Pledge of Copyright (Order No.8 of the National Copyright Administration of the PRC) on November 25, 2010, which will take effect as of January 1, 2011. According to Article 2 of these Measures, the Copyright Protection Center of China is authorized by the National Copyright Administration to transact registration affairs of the pledge of copyright.
The full text of the 8th order issued by the National Copyright Administration of the PRC is as follows:
The Measures for Registration of Pledge of Copyright (Measures), adopted at the 1st executive meeting of the National Copyright Administration on October 19, 2010, promulgated on November 25, 2010 and effective as of January 1, 2011.
President of the National Copyright Administration: Binjie LIU
November 25, 2010
Measures for Registration of Pledge of Copyright
Article 1 For the purpose of standardizing the action of pledge, protecting the lawful rights and interests of the pledgee and maintaining the order of copyright transaction, these Measures are formulated in accordance with 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 work of pledge of copyrights.
Article 3 Copyright and property right among rights related to copyright as stipulated by the Copyright Law of the People's Republic of China (hereinafter collectively referred to as “copyright”) may be pledged.
Except for an otherwise agreement reached in a contract, the pledge of a jointly-owned copyright shall be exercised with the consent of all co-owners.
Article 4 Where a copyright is to be pledged, the pledgor and the pledgee shall enter into a written pledge contract, and go through registration formality of the pledge with the registration department.
The pledgor and the pledge can handle the registration by themselves or appoint an agency to act as their agent.
Article 5 Establish, replacement, assignment and extinguishment of any pledge of copyright shall become effective after it is recorded in the Registration Form of Pledge of Copyright.
Article 6 The following documents shall be filed when registration of pledge of copyright is requested:
(1) a request form for registration of pledge of copyright;
(2) identification of the pledgor and the pledgee;
(3) a master contract and a copyright pledge contract;
(4) where an agency is appointed to handle the registration, a power of attorney and identification of the agency shall be filed;
(5) where a jointly-owned copyright is to be pledged, a written file showing consent of the co-owners shall be filed;
(6) where the use of a copyright is authorized to others before the pledge, an authorization contract shall be filed;
(7) a valid ＆#118alue appraisal report shall be filed where the copyright to be pledged has been subjected to appraisal, or the copyright to be pledged shall be appraised under the request of the pledgee or under relevant legal provisions;
(8) any other material which needs to be filed.
Where a document is filed in a foreign language, a Chinese translation of the document shall be filed together.
Article 7 A copyright pledge contract generally includes the following information:
(1) basic information of the plegdor and the pledgee;
(2) categories and sums of the creditor’s rights guaranteed;
(3) deadline for the debtor to pay the debt;
(4) content and protection term of the copyright to be pledged;
(5) the scope and duration of the pledge;
(6) other items which the concerned parties agree.
Article 8 The registration department should accept the request for registration after receiving the complete materials filed by the applicant. The request shall not be accepted if the materials are not complete.
Article 9 Where it is found after examination that relevant requirements are complied with, the registration department shall conduct registration within 10 days from the date of accepting the request, and issue a Certificate of Registration of Pledge of Copyright to both the pledgor and the pledgee.
Article 10 Where it is found after examination that relevant requirements are not complied with, the registration department should issue a notification within 10 days from the date of accepting the request, notifying the applicant to make correction. The notification should state matters to be corrected and specify a reasonable time limit for correction. If without any justified reason, no correction is made at the expiration of the specified time limit, the application shall be deemed to have been withdrawn.
Article 11 A Certificate of Registration of Pledge of Copyright shall include the following information:
(1) basic information of the plegdor and the pledgee;
(2) basic information of the copyright to be pledged;
(3) registration number of the pledge of copyright;
(4) date of the registration
It should be indicated in the Certificate of Registration of Pledge of Copyright that the pledge of copyright is established as of the date of the registration.
Article 12 In any of the following cases, the registration department shall not register the pledge:
(1) the pledgor is not a copyright owner;
(2) the contract violates mandatory provisions of laws;
(3) the copyright to be pledged is at the expiration of its protection term;
(4) the deadline for the debtor to pay the debt exceeds the protection term of the copyright;
(5) the ownership of the copyright to be pledged is under dispute;
(6) other cases in which conditions for pledge are not met.
Article 13 The applicant can withdraw the request for registration before the registration department conducts registration of pledge of copyright.
Article 14 During a pledge of copyright, the pledgor shall not assign the pledged right or permit the others to make use of the pledged right without consent of the pledgee.
Incomes which the pledgor obtains from the assignment of the pledged right or from the license of use of the pledged right to others shall first be used to liquidate the creditor’s rights guaranteed, or it shall be deposited.
Article 15 In any of the following cases, the registration department shall revoke the registration of the pledge:
(1) any case listed in Article 12 is found after registration;
(2) effective verdict or administrative penalty decision is made by the judicial authorities, arbitral authorities or administrative authorities, which affects the validity of the pledge;
(3) the copyright pledge contract is invalid or is canceled;
(4) the applicant cheats to obtain the registration by providing false documents or by other means;
(5) any other case where the registration shall be revoked.
Article 16 During the pledge of copyright, if there is any change in items such as basic information of the applicant, basic information of the copyright, categories and sums of the guaranteed creditor’s rights, and the scope of the guaranty, the applicant should request to change the registration with the registration department by filing agreement on change, the original Certificate of Registration of Pledge of Copyright and other relevant materials.
Article 17 For a request for changing a registration, the registration department should accomplish examination within 10 days after accepting the request. Where it is found after examination that relevant requirements are complied with, the registration department shall conduct registration of the changed items.
Where the content of the certificate is changed, the original certificate should be returned, and a new certificate shall be issued by the registration department.
Article 18 In any of the following cases, the applicant should request for cancellation of the registration of pledge:
(1) the pledgor and the pledgee reach an agreement to cancel the registration;
(2) the master contract is completely performed;
(3) the pledge is realized;
(4) the pledgee abandons the pledge;
(5) other cases which make the pledge canceled.
Article 19 Where the applicant requests for cancellation of registration of pledge, it or he should submit materials such as a request for cancellation of registration, certificate of the cancellation of registration, identification of the applicant, and return the original Certificate of Registration of Pledge of Copyright.
The registration department should finish the cancellation work within 10 days from the date of accepting the request and issue a notification of cancellation of the registration.
Article 20 The registration department should establish a Registration Form of Pledge of Copyright, in which relevant information of the registration of pledge of copyright is recorded for public enquiries.
The contents of the Certificate of Registration of Pledge of Copyright shall be consistent with those recoded in the Registration Form of Pledge of Copyright. The Registration Form of Pledge of Copyright shall prevail unless there is an evidence proving mistake in the Registration Form of Pledge of Copyright.
Article 21 The Registration Form of Pledge of Copyright shall include the following information:
(1) basic information of the pledgor and the pledgee;
(2) main contents of the copyright pledge contract;
(3) registration number of the pledge of copyright;
(4) date of registration;
(5) information of withdrawal of the registration;
(6) information of change of the registration;
(7) information of cancellation of the registration
(8) other information that needs to be recorded.
Article 22 In case of extinction or damage of the Certificate of Registration of Pledge of Copyright, the applicant can request the registration department to reissue a new one. The registration department shall issue the new Certificate of Registration of Pledge of Copyright within five days from the date of receiving the request.
Article 23 The registration department should publish the basic information of the registration of pledge of copyright on the official website of the National Copyright Administration.
Article 24 The power to interpret these Measures shall remain with the National Copyright Administration.
Article 25 These Measures take effect as of January 1, 2011. The Measures for Registration of Pledge Contract of Copyright released by the National Copyright Administration on September 23, 1996 are abolished at the same time.