Related rights registration procedures in Viet Nam

Register the copyright, related rights are the authors, copyright’s owner, related rights’ owner submit the application and the attached document to state agency authorities to record the information on the author, work, copyright’s owner, related rights’ owner. The application to be issued the copyright registration certificate, related rights registration certificate is not an obligation procedure to enjoy copyright or related rights, but it is necessary to prove the right’s author and work’s owner when arising dispute

Some questions relevant to Copyright and related rights registration procedures

Who has the right to register the copyright and related rights?

The individuals who are work’s author, individual, organization are work’s owner have the right to register copyright and related rights for their works as the author or owner of the work.

How are the Conditions for the protection of the copyright?

Organizations and individuals with works that are protected by copyright comprise persons who directly create such works and copyright owners. In accordance, author, work’s owner comprise Vietnamese organizations and individuals; foreign organizations and individuals with works published for the first time in Vietnam and not yet published in any other country, or with works also published in Vietnam within thirty days after publication for the first time in another country; and foreign organizations and individuals with works which are protected in Vietnam under an international treaty on the copyright of which the Socialist Republic of Vietnam is a member.

How long does receive the Copyright registration certificate?

Within 15 working days from the date of receipt of a valid application. The State agency for copyright and related rights shall be responsible to issue a copyright registration certificate or related rights registration certificate to the applicant

Advantages of registering the copyright and related rights?

Organizations and individuals who are issued copyright registration certificates or related rights registration certificates shall not bear the burden of proving such copyright or related rights in a dispute unless contrary proof is tendered.

The documents for register the copyright and related rights

• A declaration for registration of copyright or related rights. (A declaration must be made in Vietnamese and signed by the author, copyright owner, related rights owner, or the person authorized to apply; and must include complete information on the applicant, author, copyright owner or related rights owner; the summarized content of the work, performance, audio, and visual fixation or broadcast; the name of the author, and the title of the work used to make the derivative work if the work to be registered is a derivative work; the date, place, and form of publication; and an undertaking accepting liability for the information set out in the application.)
• Two copies of the work the subject of the application for copyright registration, or two copies of the formulated object the subject of the application for related rights registration;
• Authorization letter, if the applicant is an authorized person;
• Documents proving the right to submit the application where the applicant acquires such right by way of inheritance, succession, or assignment;
• The document consent of the co-authors (if any);
• The document consent of the co-owners if the copyright and related rights are jointly owned.
• Documents: Authorization letter, documents proving the right to submit, the documented consent of the co-authors must be made in Vietnamese. In case documents in a foreign language must be translated into Vietnamese.

The state agency has competent to handle the documents for register the copyright and the related right

The Copyright Office has the right to issue, re-issue, renew or cancel the copyright registration certificates and related rights registration certificates.

The time limit for issue the copyright and the right related registration certificate

Within 15 working days, from the date received of receipt of a valid application, The State agency for copyright and related rights shall be responsible to issue a copyright registration certificate or related rights registration certificate to the applicant.

In the case that refuses to issue the copyright registration certificate, the related registration certificate, The State agency for copyright and related rights shall be announced in writing to the applicant.

Official recording and publication of registered copyright and registered related rights

• The copyright registration certificate and the related registration certificate shall be officially recorded in the National Register of Copyright and Related Rights.
• Decisions on the grant, re-grant, renewal, and cancellation of the effectiveness of registered copyright certificates and registered related rights certificates shall be published in the Official Gazette on copyright and related rights.

Services of Viet An Law Firm about register copyright, related rights

• Legal Consulting about procedures and conditions issue/renewal of the copyright registration certificate;
• Consulting on the feasibility of copyright registration;
• Representative register issue/renewal of the copyright registration certificate for Clients in process register copyright.
• Draft the copyright documents;
• Submit the document and following register process, issue/renewal the copyright registration certificate at The Copyright Office Viet Nam;
• Representing Client in the entire process of establishing rights and responding to correspondence with the Copyright Office about registration for issue/renewal of copyright registration certificates
• Exchange, provide information for Clients in the registration process, issue/renewal the copyright registration certificate at The Copyright Office Viet Nam;

Clients have a relevant question to related rights registration, copyright registration in Vietnam & Trademark registration in Vietnam, please contact Viet An Law Firm to get legal assist quickly and accurately.