In an era of increasingly developing society, protecting one’s own rights is gradually receiving more attention, especially shown by the increase in the number of scientific works registered for copyright. However, copyright registration in Vietnam for scientific works is one of the difficulties that many clients have been encountering. Viet An Law hereby provides an article on copyright registration for scientific works below.
Along with the development of laws in countries around the world on intellectual property, the term copyright is increasingly viewed from a broader perspective. Although there are differences between the regulations of countries around the world on how to define copyright, it can be understood that copyright is a type of legitimate right of creators, thereby encouraging people to participate in activities in the fields of culture, art, and science.
Actual law in Vietnam stipulates that copyright (or in Vietnamese legal terminology called copyright) is the right of organizations and individuals to the works they create or own.
Copyright registration is understood as an administrative procedure conducted by the author or owner of the work submitting copyright registration documents to the registration agency to record intellectual property rights for the registered work. sign. When the Copyright Office issues a registration certificate, the author and owner of the work will have the exclusive right to use the registered work in the territory of Vietnam.
According to the provisions of Clause 1, Article 6 of the Intellectual Property Law, copyright registration is not mandatory. Immediately after the work is completed and the work is expressed in a certain form, the copyright still remains. will arise from that time even though copyright registration procedures have not yet been carried out.
According to the provisions of international treaties in general and Vietnamese law in particular, the creator of scientific works is the subject of copyright protection.
Scientific works are the result of creative activities in natural science research, social sciences, and politics including articles and research works.
Procedures for registering copyright for scientific works include the following steps:
After completing the work, the owner and author proceed to draft the copyright registration dossier for the scientific work according to the provisions of the law. It prepares documents to establish the owner’s legal ownership rights and the actual creation process of the work.
Application submission methods include the following :
Authors, copyright owners, and related rights owners can directly or authorize other organizations or individuals to submit a copyright registration application at the Copyright Office headquarters in Hanoi. Clients in the Southern and Central provinces, when needed, can register at the Copyright Office transaction offices in Ho Chi Minh City and Da Nang.
Copyright registration documents can be submitted directly or by post to one of the three addresses mentioned above. However, to avoid unnecessary problems and in case of conditions, the applicant should still submit the copyright registration application directly to the above agencies.
After receiving the registration dossier, the Copyright Office will review and appraise the dossier and will make decisions corresponding to the following cases:
Note: Clients can shorten the time to consider granting a Copyright Registration Certificate for scientific works to 7 – 10 days when clients use consulting services and submit applications for registration on behalf of representatives of Viet An Law Firm.
Copyright registration dossiers for scientific works include:
Note: The copyright registration declaration must be written in Vietnamese and must contain all information about the applicant, author, copyright owner, or related owner. The content of the declaration must clearly state the name of the work, type of work, date of completion of the work, a summary of the main content of the work, works registered as derivative works, and time and place of publication and commitment of the person making the declaration regarding the accuracy of the information recorded in the declaration.
According to current legal regulations, within fifteen working days from the date of receipt of valid documents, the state management agency on copyright is responsible for issuing a Copyright Registration Certificate to the copyright owner. submit. In case of refusal to issue a Copyright Registration Certificate, the state management agency for copyright must notify the applicant in writing and clearly state the reason.
The registration fee is a fee that the author and owner of the work will have to pay to the registration agency (Copyright Office) and depending on the type of work, there will be different ways of calculating the fee.
Pursuant to Article 4 of Circular 211/2016/TT-BTC, the fee for scientific works is stipulated as follows: The cost for copyright registration is 100,000 VND applicable to scientific works.
Clients who need advice on copyright registration in Vietnam, please contact Viet An Law for the best support.
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