Copyright registration in Vietnam for desk calendars

Copyright, or authorship, is associated with human knowledge and creativity. Although registration is not mandatory, copyright registration brings many benefits to authors and author owners. To guide you on related legal issues, Law Viet An published an article about copyright registration in Vietnam for desk calendars below.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022.
• Decree No. 17/2023/ND-CP on elaborating the Law on Intellectual Property regarding copyrights and related rights.
• Circular 08/2023/TT-BVHTTDL on forms used in registration of copyright, related rights.

What is copyright?

According to the definition in the Intellectual Property Law, copyright is the right of organizations and individuals to works they create or own.

In countries following the original civil law jurisdiction, this concept is often referred to under the term “author’s right”, while “copyright” is derived from common law system. However, in essence, “author’s right” and “copyright” are the same, both have the following characteristics:

• Rights holder: organization or individual who is the author or owner of the work.
• Right object: work created or owned by the right holder.
• Time of right’s creation: from the time the work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished father, registered or unregistered.

Copyright protection for desk calendars in Vietnam

A desk calendar is a work that is designed and created by arranging date and time information, usually within a year, with images, illustrations, and arrangements to create a harmonious whole. Many forms such as books, sheets, blocks, A-shaped, M-shaped calendars, etc. made of paper, wood, metal materials, etc. are compact and often placed on the desk.

Desk calendars can be classified as “Works of art, applied art” or “Works of Photography” according to Article 14.1 of the Intellectual Property Law and Article 6 of Decree 17/2023/ND-CP due to:

• A desk calendar is a work expressed by lines, colors, shapes, and layouts with the useful feature of being used to view and track time.
• Desk calendars can be attached to a useful object such as a calendar or desk memo, produced manually or mass industrially.
• Desk calendars can be graphic design (a form of expression of logos, identifiers, and product packaging; a form of expression of characters); Interior design, and interior and exterior decoration with artistic features.
• Desk calendars are presented in the form of artistic product designs that cannot be easily created by people with average knowledge in the respective field and do not include the external design of the captured product required to perform the product’s function.
• Desk calendars may contain copyrighted images and photographs.

Therefore, desk calendars are a type of work protected by copyright according to the provisions of the Intellectual Property Law. However, it should be noted that copyright only protects the form of the work, that is, the layout, and shape of that desk calendar work, but does not protect the content. In other words, if any third parties also use the date information to create their desk calendar, it does not infringe the copyright of the other desk calendar owner.

Purpose of copyright registration in Vietnam for desk calendars

Article 49.2 of the Intellectual Property Law stipulates: “The filing of an application for grant of a certificate of registered copyright or a certificate of registered related rights shall not be a compulsory pre-requisite for entitlement to copyright or related rights in accordance with the provisions of this Law”. Copyright registration is not the basis for generating copyright in calendar works.

However, copyright registration for desk calendars is done with the purpose of preventing acts of infringing on desk calendar works such as theft, copying, abuse, unauthorized display, and distribution of desk calendars. Recording authors’ names on the copyright registration certificate is also an important legal basis to prove the author’s rights to the work, protecting the creator’s interests when there are rights disputes. Authors often commit violations. In fact, proving the time when the copyright arose is not easy, registering a copyright will reduce the burden of proof for the right holder.

Procedures for copyright registration in Vietnam for desk calendars

Procedures for registering copyright for desk calendars include the following steps:

Step 1: Prepare copyright registration documents for the desk calendar

Copyright registration documents for desk calendars include:

• Copyright registration declaration, related rights registration (according to form) signed or fingerprinted by the author, copyright owner, and related rights owner, except in cases of physical incapacity. Substance used to sign or fingerprint.
• Copies of copyright-registered works for desk calendars (02 copies, including electronic copies): 02 copies printed on A4 paper of the work with the signature or stamp of the author and owner.
• Power of attorney for Viet An Law to carry out procedures.
• Legal documents of individual/organization: 01 copy of CCCD/ID card/ Enterprise registration certificate or Establishment license or Establishment decision.
• Documents proving the right to apply arise from:
  • Assigned;
  • Enter into a creative contract (original or notarized or certified copy);
  • Inheritance (notarized or authenticated document determining inheritance rights);
  • Contract to transfer copyright to the work;
• In case the author is not also the copyright owner, there must be a written commitment to self-creation and creativity according to the decision or confirmation of assignment; and contract; participate in the contest and be responsible before the law for the content of the commitment.
• Written consent of the co-authors in case the work has co-authors.
• Written consent of the co-owners in case the copyright of the desk calendar is jointly owned.
• In case the work uses another person’s personal image, that person’s written consent must be obtained according to the provisions of the law.

Step 2: Submit copyright registration application for the desk calendar

Application methods include:

• Submit directly to the Copyright Office.
• Submit by mail to the Copyright Office.
• Submit online at the Online Public Service Portal.

Step 3: Evaluate the registration dossier and issue a copyright certificate for the desk calendar

Copyright Office will review and appraise the dossier and make corresponding decisions in the following cases:

• If the application meets all requirements, the Copyright Office will issue a Copyright Registration Certificate to the applicant.
• In case the dossier is missing or has errors and needs to be supplemented or adjusted, the Copyright Office will notify the applicant so they can make adjustments. Within the prescribed time, if an individual or organization does not make any changes or additions or has made additional modifications and the file is still invalid, the Copyright Office has the right to return the file to the submitter.
• In case the Copyright Office refuses to issue a copyright registration certificate for a desk calendar, the Copyright Office must notify the applicant in writing.

Some questions related to copyright registration in Vietnam for desk calendars

Is the copyright registration dossier for desk calendars required to be in Vietnamese?

Documents in the copyright registration application for desk calendars must be made in Vietnamese. In case it is in a foreign language, it must be translated into Vietnamese and notarized/authenticated.

How long is the deadline for issuing a copyright registration certificate for a desk calendar?

According to current legal regulations, within fifteen (15) working days from the date of receipt of valid documents, the state management agency on copyright is responsible for issuing the Copyright Registration Certificate. In case of refusal to issue a Copyright Registration Certificate, the Copyright Office for copyright must notify the applicant in writing and clearly state the reason.

Customers who need advice on copyright registration for desk calendars in Vietnam, please contact Viet An Company for the best support.