Guidance to look up copyright in Vietnam

Searching for copyright, it will help us to assess whether the work is identical or similar to previously protected works, thereby ensuring the highest protection for the work. In the article below, Lawyer X will guide you to guidance to look up copyright in Vietnam quickly and save time. Hope this article brings a lot of useful things to you.

Legal grounds

• Consolidation document 07/VBHN-VPQH in 2019 consolidating the Intellectual Property Law

How to apply for copyright registration

According to the provisions of Clause 1, Article 50 of the Intellectual Property Law 2005 as amended by the amended Intellectual Property Law, the form of submission of copyright registration dossiers is as follows:

Authors, copyright holders and related rights holders may directly or authorize other organizations and individuals to submit dossiers for copyright and related rights registration in 2 ways to the agency. State management agency in charge of copyright and related rights:

• Direct;
• Via postal service;
• Via the online public service portal.

(Compared to the current one, the form of submission of documents through the online public service portal or postal service is added)

What does a copyright registration file include?

A copyright registration dossier includes the following documents:

• A declaration of copyright and related rights registration according to the prescribed form.
• The declaration must be made in Vietnamese with full information about the applicant, the author, the copyright owner or the related rights holder;
• Time to complete; (New point)
• Summary of content of works, performances, phonograms, video recordings or broadcasts;
• The name of the author, the copyright holder, the work used as a derivative work if the registered work is a derivative work;
• Time, place and form of announcement;
• Information on re-issuance and replacement (if any), commitment of responsibility for the information stated in the declaration.
• The declaration is signed or fingerprinted by the author, copyright holder or related right holder, except for cases of physical inability to sign or fingerprint. (New point)

– Two copies of the work registered for copyright or two copies of the fixation of the subject of related right registration;

• Power of attorney, if the person submitting the application for registration of copyright or related rights is an authorized person;
• Documents proving that he is the owner of the rights created by himself or by the assignment of creative tasks, entered into a creative contract, inherited or transferred the rights;

– Written consent of co-authors, if the work has co-authors;

– Written consent of the co-owners, if the copyright and related rights are jointly owned.

Regarding the language in the registration dossier: Documents specified at Points c, d, dd and e, Clause 2, Article 50 of the Law on Intellectual Property must be made in Vietnamese; if it is made in another language, it must be translated into Vietnamese.

Procedures for copyright and related rights registration in Vietnam

Procedures for copyright registration are prescribed as follows:

Step 1: Submit your application

Authors, copyright holders and related rights holders directly or authorize other organizations or individuals to submit 1 set of dossiers for registration of copyright and related rights at the Ministry of Culture, Sports and Tourism. Tourism (Copyright Department or Representative Office of Copyright Office in Ho Chi Minh City, Da Nang City).

Note: Foreign organizations and individuals whose works, performances, phonograms, video recordings and broadcasts are protected by copyright and related rights as prescribed in Clause 2, Article 13 and Article 13 of this Law. 17 The Law on Intellectual Property directly or authorizes a copyright and related rights consulting and service organization to submit 01 set of copyright and related rights registration dossiers at the Ministry of Culture, Sports and Tourism (The Copyright Office or the Representative Office of the Copyright Office in Ho Chi Minh City, Da Nang City).

Step 2: Return the result

Within fifteen working days from the date of receipt of a valid dossier, the state management agency in charge of copyright and related rights shall issue a certificate of copyright registration, a certificate of registration of copyright and related rights. related rights for the applicant.

In case of refusal to issue a Copyright Registration Certificate or Related Rights Registration Certificate, the state management agency in charge of copyright and related rights must notify in writing and clearly state the reasons for the refusal. applicant.

Why look up copyright?

Currently, the law does not stipulate that the owner of a work is required to conduct a copyright search. However, the copyright search operation will help you a lot in practice such as:

First, the owner assesses the protectability of the work. From there, you can consider and decide whether to apply for protection for the work;

Second, the search will help the author save time and effort in protecting his work;

Third, the search for copyright will help you evaluate the degree of duplication of your work with other works, thereby making a decision to request cancellation of that copyright registration certificate or not. are not.

Where to look up copyright?

In accordance with the law on intellectual property, copyright can be searched on the database of the Copyright Office at the website: http://www.cov.gov.vn/tra-cuu-nien -detain?AspxAutoDetectCookieSupport=1.

What documents are needed to look up copyrights?

To carry out the copyright search procedure, you prepare a dossier including the following documents:

Name of copyright to be looked up;
Type of work to be copyrighted;
Preliminary information about the type of search work (images, sounds, content…).

Quick and accurate guide to looking up copyrights

With the development of science and technology, you can look up copyright on the internet. To do a copyright lookup, follow these steps:

Step 1. Prepare the necessary documents and documents for the search.
Step 2. You access the website http://www.cov.gov.vn/tra-cuu-nien-giam?AspxAutoDetectCookieSupport=1 to conduct a search according to the instructions of the Copyright Office and receive the results.
You also need to note that the online search results are only for our partial reference, not completely accurate. Therefore, the searcher also needs to have more experience and relevant legal knowledge to make an accurate assessment.

Related article:

• Regulations on copyright for musical works in the digital environment in Vietnam
• Term of copyright protection for foreign work
• Acts of infringing copyright on musical works

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