According to Law on Intellectual Property, copyright is the right of an organization or individual to works which such an organization or individual created or owns. Copyright is recognized for literary, artistic, and scientific works such as books, lectures, musical works, theatrical works, and cinematographic works,… Copyright shall arise at the moment a work is created and fixed in a certain material form, irrespective of its content, quality, form, mode, and language and irrespective of whether or not such work has been published or registered.
Copyright related rights (referred to as related rights) means rights of an organization or individual to performances, audio, and visual fixation, and broadcasts and satellite signals carrying coded programs.
Although copyright registration is not required, if an individual or an organization that is an author has registered copyright/related rights with the Copyright Office of Vietnam – literature, and arts will bring a lot of benefits when a dispute occurs.
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The Law on Intellectual Property 2005 as amended and implemented in 2009, 2019, 2023 (hereby reffered to as The IP Law)
According to Article 13 the IP Law, authors and copyright holders with works that are protected by copyright include:
According to Article 14 the IP Law, literary, artistic and scientific works include:
This also stipulates: Derivative works “means a work translated from one language to another, adapted, modified, transformed, compiled, annotated, selected work”. This type of work are protected only if it does not affect the copyright of works used to make derivative works. Besides that, it must be created directly by the author through certain intellectual labor without being copied from the work of others.
Objects that are not protected by copyright protection include:
These rights shall be protected for an indefinite term.
Copyright registration is also known as copyright protection, the purpose is to ensure creators of works against illegal use of works such as theft, copying, abuse. In case a dispute occurs, the Copyright Registration Certificate is the best proof of the author’s ownership over the work. Furthermore, it is also proof of ownership of a work, used when valuing the company’s assets in case of equitization, merger, or acquisition. Copyright registration is one of the administrative procedures with competent state agencies for owners to apply for a license to publish books, stories,…
The assessment to grant a copyright registration certificate is carried out based on the commitment of the owner of that logo but without synchronous system to manage and search for the origin of this logo. The registration for copyright protection is not a mandatory procedure for entitlement to copyright, it is not also the basis of the establishment of copyright, work; whether registered or not registered these rights equally have the same protection.
In addition, applied artworks can be protected in the form of trademark registration
This is a protection procedure that guarantees the strongest legal ownership for logo owners (applied artworks). Trademark registration protection content: protects both text and image content (if the logo includes words), against the act of using a similar logo that confuses even though it is not 100% identical. Trademarks have strict regulations on duplication and confusion to assess the level of infringement when being copied and used without permission.
Viet An Law Firm is simutaneously an intellectual property representative organazation can supply service to assit your work to be ensures maximun legally in Vietnam. Kindly contact us for further information and advice.
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