PROCEDURE FOR REGISTRATION OF COPYRIGHT IN VIETNAM

The registration of copyright for intellectual property goods is being highly valued and plays an important role as industrialization and modernization progress. Around the same time, the value of copyright registration for entities and individuals' intellectual property is becoming more widely recognized. The importance of copyright registration cannot be overstated. In the case of an ancient corporation, the copyright registration certificate is also a document proving the author's ownership over the work, which is used in the valuation of the company's properties. Enterprise equitization, acquisition, and merger are all terms used to describe the process of selling a business. So, in 2021, what is the process for registering the most recent copyright in compliance with Vietnamese law? Learn more in the following post!

I. Legal basis

- Law on intellectual property rights 2005, amended and supplemented in 2009;

- 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. 2009 intellectual property about copyrights and related rights.

II. What is copyright?

The ownership or exclusive rights of an author to his work are known as copyrights. Copyright refers to a legal, social, or public recognition granted to individuals or organizations for a science, literary, artistic, or other work produced or owned by the author.

III. What is copyright registration?

Copyright registration refers to the process by which the owner or author of work goes through the legal steps required by law to file a copyright registration dossier for his or her work. established at the Copyright Office in order to file the work for protection. The owner will receive a copyright registration certificate for his or her work after sending all required paperwork to the Copyright Office. The creator, as the owner of the work, will have sole rights to use it in Vietnam. Any act of unauthorized use of the work without the author's or owner's permission is considered an infringement of the author's or owner's rights and interests.

IV. Right to register copyright

Work authors or owners may be Vietnamese persons, organizations, or legal entities, or international individuals, legal entities, or organizations, according to Vietnamese intellectual property law. All of the above subjects have the right to apply to the Copyright Office for copyright registration of their products. Domestic persons, legal entities, and associations may apply for copyright registration directly or allow a copyright agent to do so on their behalf by following legal procedures. Become a member of the registry. Foreign individuals and legal entities wishing to register copyright in Vietnam would not be able to do so directly but must instead approve a copyright representative body to do so on their behalf.

V. The registered object for copyright protection

Literary, musical, and science works are examples of copyrighted works. Each registered object will be classified into one of the following categories:

+ Literary and scientific works, textbooks, textbooks, and other works expressed in prose or other characters;

+ Lectures, keynotes, and other sermons;

+ Music and newspaper works;

+ Theatrical works, cinematographic works, and works created by similar methods (hereinafter referred to as cinematographic works);

+ Plastic works, applied art;

+ Photographic works;

+ Architectural works;

+ Graphics, diagrams, maps, drawings related to topography and scientific works;

+ Folk literary and artistic works;

+ Computer program, data collection.

IV. Procedure for registration of copyright in Vietnam

Step 1: Determine the type of work to register for copyright

Different types of work would be registered for copyright in an identical form, but authors or owners of works must select the correct type of work to use when registering a copyright.

Step 2: Draft registration documents

The owner or designated person will prepare the requisite details and documentation for registration after deciding the type of work to be registered for copyright.

Under the provisions of the Intellectual Property Law, a copyright registration application includes:

+ Declaration for copyright registration (must be written in Vietnamese, signed by the author, the copyright owner, or the person authorized to submit the copyright registration application, and fully state the information of the applicant application, author, copyright owner). The Ministry of Culture and Information controls the format of copyright registration declarations.

+ Two copies of a work with copyright registration or two fixed copies of the subject of related right registration;

+ Power of attorney in case the applicant is an authorized person;

+ Documents evidencing the right to file an application in case the applicant enjoys that right from another due to inheritance, transfer, or inheritance;

+ Written consent of co-authors in case the work has co-authors;

+ Written consent of co-owners, if the copyrights are under joint ownership.

Note: The above documents must be prepared in Vietnamese, in cases made in a foreign language must be translated into Vietnamese.

Step 3: Submit the copyright registration file

Authors or owners of copyrights can submit directly or authorize other organizations and individuals to submit copyright registration dossiers at the headquarters of the Copyright Office.

Step 4: Review the copyright registration file

A registration dossier, after being submitted to the Copyright Office, will be appraised by experts before issuing a copyright registration certificate, during the examination process, the author, the copyright owner or Authorized applicants may be required to amend or supplement the records in order to be accepted as valid.

Step 5: Deadline for Issuing Copyright Registration Certificates

Within 15 working days from the date of receipt of a valid application, the State management agency in charge of copyrights shall issue the Copyright Registration Certificate. In case of refusal to grant a copyright registration certificate, the state management agency in charge of copyright shall notify in writing the applicant.

Step 6: Receive the Copyright Registration Certificate

After verifying and checking that the record is correct, complete, and valid, the Copyright Office will issue a registration certificate to the owner to record ownership for the owner.

The above information is about the "Procedure for registration of copyright in Vietnam". For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:

Hotline: (+84) 911.233.955 - (024) 6293 8326

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