论版权转让登记的对抗效力--评著作权法修改草案（送审稿）第59条

摘要

The “Copyright Law” (revised draft for examination) stipulates that “unregistered rights may not oppose any bona fide third party”, which adopts the doctrine of the effectiveness against third parties by registration. However, copyright registration and copyright transfer registration are not universally accepted in China. Therefore, the doctrine of effectiveness against the third parties, adopted by the revised draft, does not conform to the doctrine of credibility in real right registration as practiced in China, nor does it comply with the principles of civil rights disposition. Once the doctrine comes into effect, it may not only disrupt the inherent consistency and integrity of the civil law system, but also contradict the related rules of the civil law.%著作权法修改草案（送审稿）“未经登记的权利，不得对抗善意第三人”的规定采用的是登记对抗规则，因我国版权登记或版权转让登记缺乏公信力，这一规则不仅与我国物权变更生效主义不一致，而且也不符合民事权利有权处分规则。一旦该规则生效，不仅破坏了民法体系的内在一致性与完整性，更与民法相关规则发生冲突。