REGULATIONS GOVERNING REGISTRATION OF PLATE RIGHTS
Promulgated on February 23, 1998 per Letter No. Tai-(87)-Nei-Chu- Tze 8785536.
These regulations are prescribed in accordance with Paragraph 4 of Article 79 of the Copyright Law (hereinafter referred to as "the Law").
Application for registration of plate rights shall be filed by the plate-maker with the competent authority.
The following documents shall be submitted in applying for registration of plate rights:
1. A written application for registration of plate rights;
2. Evidential documents certifying that the plated literary work or artistic work has no economic rights or that such rights have expired;
3. The original copy of the plated literary work or the original of the plated artistic work; and
4. A statement describing in detail the process of the said plate, together with one sample of the plate 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 expired.
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:
1. 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;
2. 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 and address of the agent and the name of the representative;
3. The title of the plate work;
4. The category of the plate;
5. The title of the original work which is plated and the name/appellation of the original author;
6. The name/appellation and nationality of the plate-maker; and
The date the plate-making was completed.
In applying for registration of plate rights, a plate work which shall be examined pursuant to the law shall be accompanied with the approval documents issued by the relevant competent authority.
Where an applicant applies for registration of plate rights by presenting foreign official documents, such documents shall be authenticated by the overseas Embassy, consulate, representative office, branch office, or other institute stationed overseas authorized by the Ministry of Foreign Affairs of the Republic of China, or shall be verified by a court of the Republic of China.
Where the documents presented by an applicant are in foreign language, a Chinese translation thereof shall be submitted.
Where an applicant presents documents which are issued by people, juridical persons, organizations or other agencies in mainland China, such documents shall be authenticated by the agency established or appointed by the Executive Yuan or the private organization commissioned by the Executive Yuan.
Where it is practically inconvenient or impossible to submit the original copy of a literary work or the original of an artistic work due to the huge size or voluminousness, fragility, expensiveness, or other special situations of such work, the applicant may apply to the competent authority for exemption from submission of the work, or submit a detailed statement describing the said original copy or original, a set of photographic pictures from four, five, or six viewpoints, or other substitutes.
Where the sample copy of a plate work has any condition as set forth in the preceding paragraph, the applicant may apply to the competent authority for its approval of the submitting part of the sample copy.
A sample copy of a plate work shall, in the appropriate place, indicate the following particulars:
1. The title of the original work which is plated and the name/appellation of the original author;
2. The name/appellation of the plate-maker; and
3. 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.
Under any of the following circumstances, the competent authority shall notify the applicant to make up the situation by a given deadline:
1. Where the applicant failed to pay the prescribed application fee, registration fee and/or publication fee;
2. Where the particulars required to be indicated in the written application for registration of plate rights are not indicated or incompletely indicated;
3. Where the documents required to be submitted are lacking; or
4. Other situations that need to be made up.
Under any of the following circumstances, the competent authority shall reject the application, and provide a written statement of reasons:
1. Where the applicant is not a person as set forth in Article 2;
2. Where the particulars indicated in the written application conflict with its evidential documents, detailed statements describing the process of plate-making, or sample copy;
3. Where the items requested in applying for registration conflict with the provisions of paragraph 1, Article 79 of the Law;
4. Where an objection was made by an interested party, and its contents involve a dispute over private rights;
5. Where the plate-making was completed more than ten years;
6. Where the sale or dissemination of the plate work is prohibited under the relevant law;
7. Where the items requested in applying for registration are untrue; or
8. Where the competent authority has, in accordance with the preceding Article, set a deadline for make-up, but the applicant failed to make up or failed to fully make up by the deadline.
In approving the registration of plate rights, the competent authority shall, in addition to recording the particulars for registration in the Register and publishing the registration in an official gazette, give the applicant a written notice enclosed with a transcript of the Register.
If any error in the particulars contained in the application for registration is found after the plate rights have been registered, the plate-proprietor may request for correction of such an error by presenting evidential documents.
Where there are mistakes or omissions made by the competent authority during the registration of plate rights, the plate-proprietor may request the competent authority to make correction thereof. The competent authority may also initiate such correction and notify the applicant.
Where, after the registration of plate rights, the registered particulars have changed and the changes do not involve the acquisition, forfeiture, or alteration of any right, the plate-proprietor may request registration of the changes by presenting evidential documents.
After the competent 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.
The applicant or the producer of the written application, the evidential documents and the detailed statements describing the process of plate-making referred to in the preceding Paragraph may apply for review or photocopies of the same. The interested parties who present interest-related documents may also apply for inspection of these documents.
Any person may apply for inspection of the plate-right Register and the registered sample copy of a plate work.
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 competent authority in writing.
The formats of the application forms for registration of plate rights, Register, and other necessary forms shall be prescribed by the competent authority.
These regulations shall come into force from the date of promulgation.
This translation is drafted by Lee and Li Attorneys-At-Laws and later revised and concluded by Ministry of Interior, the then competent authority of the Copyright Law.