HOW TO REGISTER FOR COMPUTER SOFTWARE COPYRIGHT IN 2021 IN VIETNAM

In the era of industrial revolution 4.0, computer software plays an important role in allowing users to interact with computers, hardware, or perform tasks. Without computer software, most computer operations would be meaningless. Computer software is understood as a set of statements or instructions in one or more different and clearly ordered programming languages. Depending on the purpose, computer software is divided into several categories: system software, application software, transcoding software including compilers and interpreters, and software according to applicability. To create complete computer software, without having problems with errors when operating, programmers have to deal with problems right from the initial design stage and then return to the official versions. Computer software needs to focus on optimizing the process so that it can be launched into the market, received by consumers, and used most effectively. Recently, the act of copying and stealing the design of computer software to take advantage of the image and trademark of that software for commercial purposes, fraud, sabotage, stealing personal information used to reduce the prestige and quality of the product without the consent of the author takes place in a sophisticated and complicated way.

The registration of computer software copyright is a very important job to ensure the creators of that product against unauthorized use of their products such as copying, stealing without consent. their own and protect their rights to the products created by themselves. Through copyright registration, you will be issued with a Certificate of Registration which is the most important document to prove you are the author of that computer software. However, the process of registering computer software copyright is relatively complicated, causing many difficulties for customers when registering by themselves at a competent state agency. With a team of experienced lawyers and specialists, Doanh Tri Law Firm will answer your questions about Register for computer software copyright in 2021 in Vietnam.

1. Legal grounds

- Law on Intellectual Property 2005, amended and supplemented in 2009;

- Law on Information Technology 2006;

- Decree 22/2018/ND-CP of the Government dated February 23, 2018, detailing a number of articles and measures to implement the 2005 intellectual property law and the law amending and supplementing a number of articles of the law intellectual-property in 2009 on copyright and related rights;

- Circular 211/2016/TT-BTC dated November 10, 2016, of the Ministry of Finance providing for the collection rate, mode of collection, payment, management, and use of fees for registration of copyrights and rights related to authors;

- Circular No. 08/2016/TT-BVHTTDL of the Ministry of Culture, Sports and Tourism dated July 2, 2016, stipulating forms in registration of copyright and related rights.

2. Legal provisions on copyright protection for computer software

- According to the provisions of Article 4 of the Law on Information Technology 2006, computer software, commonly referred to as software, is a computer program described by a system of symbols, codes, or languages ​​to control digital devices. perform certain functions. Depending on the purpose, computer software is divided into several categories: system software, application software, transcoding software including compilers and interpreters, and software according to applicability.

- Based on the above provisions, computer software is a computer program and a computer program is one of the works protected by copyright according to the provisions of Article 14 of the 2005 Intellectual Property Law, as amended. Supplement 2009. Thus, through the above provisions, customers can register for copyright protection for computer software depending on the purpose of use of the software.

3. State agencies competent to register computer software copyrights

- Authors and copyright holders may directly or authorize other organizations or individuals to submit directly or by post 01 sets of dossiers for registration of computer software copyright and related rights. at the following agencies:

In Hanoi: Copyright Office under the Ministry of Culture, Sports and Tourism, No. 33 Alley 294/2 Kim Ma, Ba Dinh District, Hanoi City;

In Da Nang: Representative Office of the Copyright Office in Da Nang City: No. 58 Phan Chu Trinh, Hai Chau District, Da Nang City;

In Ho Chi Minh City: Representative office of Copyright Office in Ho Chi Minh City: 170 Nguyen Dinh Chieu, District 3.

4. Dossier for registration of computer software copyright

• Software copyright registration application signed and stamped by the application owner or the organization representing the application owner;
• A written commitment of the author who created the software, which commits that the software is created by the author himself and is not copied by any individual/organization;
• The decision of the software owner (company, organization) to assign the author to create the software or the tax contract to create computer software (in case the owner hires a third party to create the software). out software);
• Copy of the author's identity card/passport/identification card;
• Copy of business registration certificate, investment certificate, or decision on the establishment of software copyright registration organization (applicable to legal entities) or Copy of identity card/passport/identity card freight (owner is individual);
• 02 copies printed on A4 paper of software content including code; the interface of the homepage, the category page (if any), the printed version must be numbered and signed by the author/juridical person;
• 02 CDs containing soft computer software content including code; home page interface, category page (if any);
• Authorization contract in case of using registration services;

- If the registrant is the owner and the author/co-author, the required documents to file a copyright application include:

• Three Software CDs;
• Three copies of the software in a volume;
• Authorization letter of the author/co-author (with confirmation of signature of the authority of the place of residence, the Notary Public, or the human resource management agency - 1 copy);
• Copy of the identity card of the author/authors (enclosed with the identity card for comparison if the copy is not notarized - 1 copy);
• Full name, pseudonym (if any), address, phone number. fax of the author/co-authors;

- If the registrant is the owner but not the author (organization; company), the necessary documents to apply include:

• Three Software CDs;
• Three copies of the software in a volume;
• Power of attorney of the organization or company (1 copy);
• Transfer paper from the author / co-authors to the organization or company (with signature confirmation); or the certificate of the work applying for registration as the work performed according to the work task (1 copy);
• Notarized copy of License to establish organization, company, and Business License (1 copy);
• Full name, pseudonym (if any) of the author/authors; address, phone number. fax of the author / co-authors, organizations, companies;
• Copy of the identity card of the author / co-authors (enclosed with the identity card for comparison if the copy is not notarized - 1 copy);
• Author's statement.

5. Procedures for registration of computer software copyright

Step 1: The owner/author/co-author prepares documents and information needed for the registration of the computer software version;

Step 2: Authors, copyright holders directly or authorize other organizations and individuals to submit 01 sets of application for registration of computer software copyright at the Ministry of Culture, Sports and Tourism (Department of Copyright in Vietnam). copyright or the Representative Office of the Copyright Office in Ho Chi Minh City, Da Nang City). Resumes can be sent by post

Step 3: Receive and process registration documents. Within 15 working days from the date of receipt of a valid application, the state management agency in charge of copyright is responsible for granting a certificate of copyright registration for computer software to the applicant. In case of refusal to grant a copyright registration certificate for computer software, the state management agency in charge of copyright must notify in writing the applicant.

6. Fee for registration of computer software copyright

Organizations and individuals are obliged to pay fees when carrying out procedures for the registration of copyright and related rights by Circular 211/2016/TT-BTC of the Ministry of Finance dated November 10, 2016, stipulating the rate, collection, payment, management, and use of fees for registration of copyrights and related rights. author. After the application is duly accepted, the Copyright Office will require the owner to pay a copyright registration fee to be eligible to receive a registration certificate.

Above is the information about the latest computer software copyright registration process in 2021. For more detailed information and advice on this issue, please contact directly with Law Doanh Tri at one of the following methods:

Hotline: 0911.233.955 – (024) 6293 8326

Email: [email protected]

Enterprise Law is very pleased to accompany you!

Best regards./.