(+84) 96 167 55 66
info@vietanlaw.com

Copyright Registration Services in Vietnam

According to Law on Intellectual Property, copyright is the right of an organization or individual to works which such organization or individual created or owns. Copyright is recognized for literatery, artistic and scientific works such as books, lectures, musical works, theatrical works and cinematographic works,… Copyright shall arise at the moment a works 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 registration in Vietnam

          Copyright related rights (referred to as related rights) means rights of an organiazation or individual to performances, audio and visual fixation, and broadcasts and satellite signals carrying coded programmes.

          Although copyright registration is not required, but 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.

Legal basis:

          Law on Intellectual Property 2005, amended and implemented in 2009,2019 and guiding documents

Subjects have the right to register copyright:

          According to Article 13 Law on Intellectual Property 2005, authors and copyright holders with works which are protected by copyright include:

  • Organizations and individuals with works which are protected by copyright comprise persons who directly create such works and copyright holders.
  • Authors and copyright holders shall comprise Vietnamese organizations and individuals; foreign organizations and individuals with works are published for the first time in Vietnam and have not published in any other country yet, or with works are 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 pursuant to an international treaty on copyright of which the Socialist Republic of Vietnam is a member.

Types of works which are protected by copyright:

          According to Article 14 Law on Intellectual Property 2005, amended and implemented at Clause 5 Article 1 Law amending and implementing Law on Intellectual Property 2009, literary, artistic and scientific works include:

  • Literary works, scientific works, textbooks, teaching courses and other works expressed in written language or other characters;
  • Lectures, addresses and other speeches;
  • Press works;
  • Musical works;
  • Stage works;
  • Cinematographic works and works created by a process analogous to cinematography (hereinafter all referred to as cinematographic works);
  • Plastic art works and applied art works;
  • Photographic works;
  • Architectural works;
  • Sketches, plans, maps and drawings related to topography or scientific works;
  • Folklore and folk art works;
  • Computer programs and data collections.

This also stipulates: Derivative works (Derivative work means a work translated from one language to another, adapted, modified, transformed, complied, annotated, selected work) are protected only if it does not affect on the copyright of works used to make derivative works. Beside that, the above works must be created directly by the author through certain intellectual labor without being copied from the work of others.

Objects are not protected by copyright protection include:

  • News of the day as mere items of information;
  • Legal instruments, administrative and other documents in the judicial domain, and official translations of such documents;
  • Processes, systems, operational methods, concepts, principles and data.

Term of protection for copyrights and related rights:

          According to Article 27 Law on Intellectual Property 2005, amended and supplemented in Clause 8 Article 1 Law on amending, supplementing a number of articles of the Law on Intellectual Property 2009.

  • Moral rights of the authors: Giving titles to their works; Attaching their real names or pseudonyms to their works, having their real neames or pseudomyms acknowledged when their works are published or used; Protecting the integrity of their works, and forbidding other persons to modify, edit or distort their works in whatever from , causing harm to the honor and reputation of the author. These rights shall be protected for an indefinite term.
  • Rights to publish their works or to authorize other persons to publish their works and asset rights:
  • Cinematographic works, photographic works, works of applied art and anonymous works have a term of protection of seventy five years from the date of first publication. For cinematographic works, photographic works and works of applied art which remain unpublished within twenty five years from the date of fixation, the term of protection is one hundred years from the date of fixation. For anonymous works, when information on their authors is published, the term of protection will be calculated below;
  • A work not specified at Point a of this Clause is protected for the whole life of the author and for fifty years after his/her death. For a work under joint authorship, the term of protection expires in the fiftieth year after the death of the last surviving co-author;
  • The term of protection specified at Points a and b of this Clause expires at 24:00 hrs of December 31 of the year of expiration of the copyright protection 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 a 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,…

In our country currently, the issue of copyright protection in general is still very weak. The assessment to grant a copyright registration certificate is carried out on the basis of the commitment of the owner of that logo, there is no synchronous system to manage and search for the possibility that the registered logo is copied version of the difference logo or not, especially in case logo’s author has not published the work. The registration for copyright protection is not a mandatory procedure for entitlement to copyright, it is not also the basis of establishment of copyright, work; whether registered or not registered these rights equally have the same protection. The established copyright is not absolute, so the enforcement and protection of the rights are not thorough. The copying a logo problem is complicated and it is difficult to prove how serious is copyright infringement…

Table of contents

Hide

    In addition, applied art works can be protected in the form of trademark registration:

    This is a protection procedure that guarantees the strongest legal ownership for logo owners (applied art works). Trademark registration protection content: protects both text and image content (if the logo include words), against the act of using a similar logo that causes confusion 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.

    LEGAL COPYRIGHT OPTIONS

    Opposition to Grant the Protection Title in Vietnam

    Opposition to Grant the Protection Title in Vietnam

    Opposition to Grant the Protection Title in Vietnam, the registration trademark services, renewals, trademark protection. Contact Viet An Ip Firm is the leading Intellectual Property in Vietnam.
    Register the trademark for Spa Services in Vietnam

    Register the trademark for Spa Services in Vietnam

    Register the trademark for Spa Services in Vietnam - Nowadays, women love going spa to relax and beautify. Spa services include health care, beauty, massage services
    Copyright Youtube Registration in Vietnam

    Copyright Youtube Registration in Vietnam

    Youtube is a video-sharing website that allows users to watch, upload or share their videos, clips. Contents of Youtube include many fields: entertainment, social, music, film, program..
    Copyright registration in Vietnam

    Copyright registration in Vietnam

    Individuals, organizations own the right to copyright registration Pursuant to Article 13 of Law on Intellectual Property Law 2005, authors and copyright ...
    Register copyright for logo company in Vietnam

    Register copyright for logo company in Vietnam

    However, before going through every step of registering copyright for logo company, it is very important to distinguish between company’s logo and company’s mark
    Copyright / Copyright – Related Rights

    Copyright / Copyright – Related Rights

    It will take Viet An Law 07 – 15 working days to fulfill the procedures on applying for the certificate of Copyright / Copyright-related right registration.
    do thi thu ha lawyer

    Hanoi Head-office

    #3rd Floor, 125 Hoang Ngan, Hoang Ngan Plaza, Trung Hoa, Cau Giay, Hanoi, Vietnam

    info@vietanlaw.com

    dong van thuc legal consultant

    Ho Chi Minh city office

    Room 04.68, 4th Floor, River Gate Residence, 151 – 155 Ben Van Don Street, District 4, HCM, Viet Nam

    hcm@vietanlaw.com

    SPEAK TO OUR LEGAL CONSULTANTS

    English speaking: (+84) 9 61 67 55 66 (Zalo, Viber, Whatsapp)

    Vietnamese speaking: (+84) 9 33 11 33 66 (Ms.Thu Ha) (Zalo, Viber, Whatsapp)