PROCEDURES FOR COPYRIGHT REGISTRATION OF COMPUTER SOFTWARE
In the era of development of digital technology, the protection of rights and interests of owners of intellectual property-related assets is increasingly focused. Although copyright registration for software is not a mandatory procedure, it is nevertheless necessary for the protection of the rights and interests of the software owner. A computer software copyright registration certificate is the basis for proving who created the software before a dispute occurs. By registering for a copyright, copyright owners or authors can prevent others from exploiting the economic and commercial benefits of the intellectual property. So what are the procedures for copyright registration of computer software in Vietnam? Let's unravel these procedures with Doanh Tri Law Firm through the following article!
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.
I. What is computer software ?
In accordance with the Vietnam Law on Information and Technology, software is a computer program described in a system of symbols, codes, or languages to control digital equipment to perform a certain function. 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, 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.
II. Application 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);
III. Procedures for registration of computer software copyright
The owner/author/co-author prepares documents and information needed for the registration of the computer software version;
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
Processing 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 the applicant in writing.
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 the registration of copyrights and related rights, requires organizations and individuals to pay fees when carrying out procedures for the registration of copyright and related rights author.
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:
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