Vietnam is a member of the Berne Convention for the Protection of Copyrights . Therefore, Vietnam also has the obligation to protect copyright for individuals and legal entities who are foreigners. Copyright registration is a guarantee for the creator of the work. There is a solid ground against infringements of the owner’s rights to that work. LSX Law firm will provide you information about copyright registration for foreign authors in the following article.
Law on Intellectual Property
The Bern Convention
Purpose of copyright registration
Copyright registration for foreigners to protect the rights of authors in Vietnam. For literary and artistic or scientific works under the protection of law.
When there is a dispute that the author does not have to prove that he has the right to the work that belongs to him. On the contrary, this obligation is transferred to the other party to the dispute. Helping foreign authors limit the risks of ownership of their works when there is a dispute. Maximum protection of legitimate rights and interests before the law.
Conditions on subject and subject to be registered
The subject of the registration is a foreign individual or legal entity. There are literary, artistic and scientific works published and popularized in Vietnam for the first time. Or created and expressed in a certain form in Vietnam are protected by copyright. In the case of works publishes; disseminated; and first appeared in foreign countries. It can only be protected in Vietnam if Vietnam’s international treaty or accession stipulates.
Besides, objects of registration must be works protected by the state.
Dossier for apply copyright registration
- Declaration of copyright registration
- The declaration must be made in Vietnamese and signed by the author himself. besides, the copyright owner or the person authorized to file the application, and contain full information about the applicant, author and copyright owner summary of the work’s content the name of the author , the work is used as a derivative work if the registered work is a derivative work time, place and form of publication commitment to responsibility for the information stated in the application.
- Two copies of the copyrighted work.
- Power of attorney, if the applicant is an authorized person.
- Documents proving the right to file an application, if the applicant enjoys that right of another person through inheritance, transfer or inheritance.
- Written consent of co-authors, if the work has co-authors.
- Written consent of the co-owners, if the copyright is jointly owned.
Documents specified at points 3, 4, 5 and 6 above must be made in Vietnamese; if it is made in a foreign language, it must be translated into Vietnamese
Where to apply for copyright registration
When registering can directly or authorize others. Approval of power of attorney to file documents at the Copyright Office Representative office of Copyright Office in Ho Chi Minh City , Representative office of Copyright Office in Da Nang city or at the Department of Culture Sports and Tourism where the author, or copyright holder resides or is headquartered.
Deadline for processing registration documents
Within 15 working days from the date of receipt of a valid application. The Copyright Office issues a copyright registration certificate to the applicant. In case of refusal to issue a Certificate, the applicant will be notified in writing.
Copyright of foreign organizations and individuals arises as soon as the work is fixed in a certain material form without depending on any registration procedures. The content of this principle has also been concretized in the Intellectual Property Law
This principle is understood that Vietnam will have to give the same protection to literary, artistic and scientific works of its citizens as it does to Vietnamese citizens. So, how Vietnamese law protects the works of its own citizens; the same protection must be given to citizens of other countries that are also members of the Convention.