Copyright registration for foreign companies in Vietnam

by NguyenThiThuTrang

The boom of the entertainment industry also created creative professions, inventing products to serve today’s entertainment needs. Not only that, the increasing development of people requires new and more inventions to meet the increasing spiritual needs. To protect the works that the author has worked so hard to build, the owner needs to register the copyright for his work. In the article “Copyright registration for foreign companies in Vietnam” this; Lawyer X will answer for readers certain issues when conducting copyright registration.

Legal grounds

Intellectual property law

Decree 22/2018/ND-CP

What is copyright?

Copyright is a legal term used to describe the rights that authors have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculptures and films, to computer programs, databases, advertisements, maps and technical drawings.

Each company needs to have its own unique identity to attract customers, in which trademark registration is also an important factor. Brand is the first concept that consumers often think of when it comes to products associated with the brand, logo of the business.

How to register a trademark is a very necessary job to establish the ownership rights of individuals and organizations over the brand. When there is an act of infringing on the trademark of the enterprise, the law will intervene to protect the interests of the business to ensure that the only owner who can use the trademark is the one who has registered the trademark copyright.

Trademarks only arise intellectual property rights when they have been registered by the owner with the registry;
Trademark owners can only assert their legal ownership of their trademarks when they have been granted an intellectual property registration certificate by the registry;
Only when registering a trademark can the law be protected against infringing the rights of other parties;
Only when registering, the owner can transfer, allow the partner to use the brand (franchise) to recover the cost to reinvest in the business.

Is copyright registration required for a work?

According to the provisions of current intellectual property law; the process of copyright registration with state agencies is not mandatory. However, when you register, you will ensure optimal benefits, specifically as follows:

Registration will prove who has ownership rights to the work in the event of a dispute; by through copyright registration; you will be issued a Certificate of Registration – this is the most important document; to prove you are the author of the work (refer to Clause 3, Article 49 of the Intellectual Property Law)
Get state recognition and copyright protection for your work. Means declaring legal ownership of the work; Avoid other illegal profit-making activities
The author/owner of the work may himself; or request the authorities to take measures to deal with acts of unauthorized use of the work such as copying; abuse the work without your consent,…
The registration of copyright protection is; an endorsement of the author’s unrelenting creativity; is a worthy reward and a moral encouragement to work for the author – the creator.

Where to register copyright?

Copyright registration is done at the National Office of Intellectual Property and is divided into two subjects as follows:

For individuals/companies/organizations with Vietnamese nationality

The above subjects can apply for registration directly at the National Office of Intellectual Property of Vietnam or 02 representative offices of the NOIP.

In addition, for the convenience of individuals/organizations/companies, they can hire an intellectual property company to carry out the registration application procedure to ensure that the registration is conducted in accordance with the provisions of the Law and does not encounter any problems. any obstacle or difficulty.

For foreign individuals/organizations/companies

The above subjects, in case they do not have a commercial presence in Vietnam when carrying out procedures for trademark registration, are required to use the registration service of the Intellectual Property Company in Vietnam to replace them. to submit the registration form.

The National Office of Intellectual Property of Vietnam will be the agency that receives the registration dossiers, evaluates the dossiers and issues the final results on whether to agree to grant the trademark certificate or to refuse to grant it (in the case of refusal to grant a trademark certificate). certification – NOIP will state the reason for the refusal

Copyright registration process

The copyright registration process is carried out through many steps, specifically:

– Design and select the trademark to be registered;

– Look up the possibility of trademark registration before applying;

– Filing a trademark registration application;

– Approval of forms of trademark registration and protection applications;
– Publication of trademark and copyright registration applications;

– Examination of the content of the trademark registration application;

– Decide to grant or refuse to grant copyright registration certificates;

How does copyright registration work?

Step 1: Prepare documents

According to the provisions of Clause 2, Article 50 of the Intellectual Property Law, the following documents need to be prepared:

Copyright protection registration declaration (Form 01 issued with Circular No. 08/2016/QD-BVHTT)
Two valid copies of the copyrighted work.
Power of attorney, if the applicant is an authorized person.
Documents proving the right to apply; 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.

Step 2: Submit the application form

According to Clause 1, Article 74 of Decree 22/2018/ND-CP, the author and owner of the work can directly; or authorize the organization; other individuals submit 01 set of papers and dossiers for copyright registration to the Ministry of Culture; Sports and Tourism (Copyright Department; or Representative Office of Copyright Office in Ho Chi Minh City, Da Nang City)

Step 3: Consider and make a decision

Within 15 working days from the date of receipt of valid registration dossiers; The Copyright Office will issue a certificate of registration of copyright protection. In case of refusal to issue a Certificate of Copyright Registration; then the Copyright Office will notify the applicant in writing (refer to Article 52 of the Intellectual Property Law).

Things to note in copyright registration

When registering a trademark, you need to know a few things below to make the process of trademark ownership review quick, simple, and save time and money.

Learn carefully about the categories of objects that are not protected in the form of trademarks such as using the national flag and emblem of Vietnam to avoid violations, which takes time, effort and money to prepare.
Brand design should ensure criteria that are easy to identify and remember and not in the list of cases specified in Clause 2, Article 74 of the Intellectual Property Law.
Thoroughly grasp the regulations on dossiers, declaration methods, and specific requirements of each type of document to ensure that the application is correct, error-free and approved at the first time of submission.
Find out about the time of the steps in the NOIP’s application processing process to promptly supplement and respond if there is a request from the State agency.

Services of LSX

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On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.

Please contact us immediately if you have any questions about “Copyright registration for foreign companies in Vietnam

Contact LSX

The above article has provided detailed information related to the issue “Copyright registration for foreign companies in Vietnam”. LSX Law firm is proud to be a leading legal consulting company, with the mission of bringing lawyers to your fingertips. We will support and answer legal issues for you quickly, efficiently and reliably. If you have any questions about the law, please get in touch with us via hotline: +84846175333 or Email: hoangson@lsx.vn

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Frequently asked questions

What can be copyrighted?

Literary works such as novels, poems, plays, reference works, articles;
– Computer programs, databases;
– Film, music composition, and choreography;
– Works of art such as paintings, drawings, photographs and sculptures;
– Architecture;
– Advertising, maps and technical drawings.

How long does it take to get a trademark registration certificate?

The time to successfully register a trademark usually takes about 21 to 25 months. And each specific appraisal phase will have its own time, usually as follows:
Formal examination of an application usually takes 1 to 2 months.
The time for publication of a trademark application is from 1 to 2 months.
The time for substantive examination of the application is 18 to 22 months.
The notice period for the grant of a protection title will be from 1 to 2 months.

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