Do foreign works need to be registered for protection in Vietnam? What are the advantages of registering for copyright protection? Let’s find out in this article with LSX Law firm.
Legal Ground:
Law on Intellectual Property 2005 amended and supplemented in 2009 and 2013
Decision 59/2016/QD-TTG
What is Copyright in Vietnam?
Normally, whenever literary, artistic, scientific works are published, the name of the author (group of authors) is publicized as a way of honoring the creativity and the values that the work brings. In creating such works, the author has specific intellectual property rights. More specifically, in Clause 2, Article 4 of the current Intellectual Property Law, the concept of copyright is as follows:
Copyright is the right of an organization or individual to a work they create or own.
According to legal science, copyright is a collection of legal regulations on copyright in order to confirm and protect the rights of authors and copyright holders, to determine the obligations of subjects in the creation and use of literary, artistic, and scientific works. To prescribe the procedures for exercising those rights and to protect those rights when there is an infringement.
Do foreign works need to be registered for protection in Vietnam?
Copyright is generated at the time the work is created and fixed in a certain material form. Therefore, the registration for a Certificate of Copyright Registration is not required whether the work has been published or not, registered or not.
Moral rights belong to the copyright of foreign works in Vietnam:
* For the author who is not the owner of the work, he has moral rights. include:
- Naming the work.
- Having his name as the author of the work.
- Protecting the integrity of the work.
- Allowing or not allowing others to modify the content of the work.
* Owners of the works have the following rights:
- Publish, disseminate or permit others to publish and disseminate works under their ownership (except for cases where the author and the owner have other agreements).
- Allow or not allow others to use the work under their ownership (unless the author and the owner have other agreements).
Property rights under the copyright of foreign works in Vietnam:
* For the author who is also the owner of the work has the following rights:
- To enjoy royalties;
- To receive remuneration when other use the work, to enjoy material benefits from allowing others to use the work in the form of publication, re-print, display, exhibition, performance, radio, etc. television, sound recording, video recording, photography, adaptation, adaptation, rental…;
- Receive awards for works.
* For authors who are not concurrently the work owners, they have the property rights to the works of which they are the authors, including:
- Royalties and remunerations when others use the work;
- Receive awards for the works.
- In addition, for the owner but not at the same time the author enjoys material benefits from the use of the work in the following forms: publication, reprint, display, exhibition, performance, radio, etc. television, audio recording, video recording, photography, translation, adaptation, adaptation, rental…
However, Foreign works need to be registered for protection in Vietnam because
- Copyright protection means that the work you own the law will protect. When you register copyright, you are certified as the author of the work. At that time, Others will not be to use the work illegally, such as stealing, copying, or abuse.
- Registering for copyright protection will mean declaring legal ownership of the work. If others want to use or copy it, the owner’s consent is necessary.
- If a creative author registers his work with the Copyright Office, it is not necessary to prove that the copyright or related rights belong to him in case of dispute, unless there is evidence to the contrary.
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