The protection of intellectual property rights in general and copyright in general are increasingly being paid more attention in modern society. In particular, in an internationally integrated economy, international copyright protection is essential and becomes more popular so that relevant subjects can create and promote creativity. So about the matter “Copyright with foreign elements under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Civil Code 2015
- Law on Intellectual Property 2005
Characteristics and role of copyright with foreign elements
Practice shows that in relation to copyright, sometimes the subject is an individual or an organization with the nationality of another country or residing and headquartered in another country. That individual may be the person who directly creates the work or is the owner of the copyright or exploits, uses one, some or all of the rights of the author or the copyright owner; that organization may be the copyright owner and may also be the organization that exploits and uses one, some or all of the rights of the author, the copyright owner.
In the relation of related rights, the subject can be an organization or individual who holds the nationality of another country or resides and is headquartered in another country. They include performers, organizations and individuals exploiting and using the rights of performers; producers of phonograms and video recordings, organizations and individuals exploiting and using the rights of producers of phonograms and video recordings; broadcasting organizations, who exercise the rights of broadcasting organizations.
In many cases, although the subject is not an individual or an organization with another nationality or residing or headquartered in another country, the object of copyright protection is a literary or artistic work. and science created and first expressed in the territory of another country in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered; the protected subject matter of related right is a performance, phonogram, video recording, broadcast program, encrypted program-carrying satellite signal, fixed or performed in the territory of another State without without prejudice to copyright.
Practice also shows that there are cases where the subject of copyright and related rights is not an individual or an organization who has the nationality of another country or resides or is headquartered in another country, the subject of which is protected. Related rights are intangible and immaterial, so they are easy to disseminate and widely exploit. From this feature of intellectual property comes a very interesting feature of copyright that is the possibility of infringement is very large, and the infringement can take place on a wide scale in many countries. This is because the object of this right is intellectual property, intangible assets, these types of assets have no physical nature, people cannot perceive their existence through senses. They exist in the form of information and knowledge containing knowledge about nature, society, humans, and people apply that knowledge to exploit, control, and improve nature to serve for the increasing and diverse needs of people.
Copyright with foreign elements under Vietnam law
The copyrights of foreigners or foreign legal entities in works published and disseminated in Vietnam for the first time or created and expressed in a certain form in Vietnam are protected under the provisions of the Socialist Republic of Vietnam and international treaties to which the Socialist Republic of Vietnam is a contracting party (Article 774 of the Civil Code No. 33/2005/QH11 of June 14, 2005).
Copyrights of foreign individuals and foreign organizations are protected in Vietnam according to the provisions of Articles 736 to 743 of the Civil Code and relevant provisions of the Intellectual Property Law (Law on Intellectual Property). Intellectual property No. 50/2005/QH11 dated November 29, 2005), other relevant legal documents of Vietnam and international treaties to which Vietnam is a contracting party (Article 18 Decree No. 138/ 2006/ND-CP dated 15/11/2006).
Copyright protection means the protection of author’s rights to various types of literary, artistic and scientific works specified in Article 738 of the Civil Code and Articles 18, 19 and 20 of the Department of intellectual property Law No. 50/2005/QH11 dated November 29, 2005 (Clause 1, Article 3 of Decree No. 3198/VBHN-BVHTTDL dated September 3, 2013).
Moral rights belong to the copyright, including: Naming the work; Put your real name or pseudonym on the work, give your real name or pseudonym when the work is published or used; Publish or authorize others to publish the work; Protect the integrity of the work, not allowing others to modify, mutilate or distort the work. Property rights belong to the author, which include: Reproduction of works; Allows creation of derivative works; Distributing and importing originals and copies of works; Communicating the work to the public; Renting the original or a copy of the computer program (Article 738 of the Civil Code No. 33/2005/QH11 dated June 14, 2005).
Copyright registration:
Authors, copyright holders and related rights holders as prescribed in Article 50 of the Intellectual Property Law may directly or authorize other organizations or individuals to submit 01 application for registration of copyright. copyright and related rights at the head office of the Copyright Office or the representative office of the Copyright Office in Ho Chi Minh City, Da Nang city or the Department of Culture, Sports and Tourism where the author, owner copyright holders, related rights holders reside or have their place of business. Documents can be sent by post (Article 37 of Decree No. 3198/VBHN-BVHTTDL dated September 3, 2013).
Part II, Section A1, Point 5, Decision No. 3637/QD-BVHTTDL dated October 26, 2015, the application for a certificate of copyright registration to a foreign individual or legal entity includes:
(1) Declaration of copyright registration (Form 1 issued together with Decision No. 88/2006/QD-BVHTT dated October 17, 2006).
The declaration must be made in Vietnamese and signed by the author himself, the copyright owner or the person authorized to file the application, and contain all information about the applicant, the author, and the copyright owner; summary of the work’s content; the name of the author, the work used as a derivative work if the work is registered as a derivative work; time, place and form of publication; commitment of responsibility for the information stated in the application;
(2) Two copies of the copyrighted work;
(3) Power of attorney, if the applicant is an authorized person;
(4) Documents proving the right to file an application, if the applicant enjoys that right of another person through inheritance, transfer or inheritance;
(5) Written consent of co-authors, if the work has co-authors;
(6) 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; in case the copy must be notarized or authenticated; if it is made in a foreign language, it must be translated into Vietnamese and notarized and authenticated.
Fees for grant of copyright certificates: From VND 100,000 to VND 600,000 (According to Clause 1, Section II of Circular No. 29/2009/TT-BTC dated February 10, 2009).
Generating copyrights and copyright registration certificates:
Copyright arises from the time a work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or not published, registered or unregistered (Clause 1, Article 6 of the Law on Intellectual Property No. 50/2005/QH11 dated November 29, 2005).
The filing of an application for a certificate of copyright registration or a certificate of registration of related rights is not a mandatory procedure to enjoy copyright and related rights in accordance with this Law. Organizations and individuals that have been granted copyright or related rights registration certificates are not obliged to prove their copyright or related rights in the event of a dispute, unless there is a evidence to the contrary (Clause 2, 3, Article 49 of the Law on Intellectual Property No. 50/2005/QH11 dated November 29, 2005).
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Frequently asked questions
Science, engineering, and technology are not merely human creations, but have become a constituent part of the productive forces whose qualities determine labor productivity. However, the “scientific and technical” products created by humans have unique characteristics unlike other items, which are martial arts items that the creators cannot possess for them. themselves, they are easy to be taken and appropriated. The protection of cities through creative activity is carried out in many different forms. In this day and age, various industrial property activities are no longer confined to a single country but are global. The State’s regulation on intellectual property in general and industrial property rights in particular in order to protect the rights of those operating in a particular field has important economic and social significance.
According to the provisions of the Intellectual Property Law 2005, amended and supplemented in 2009 (Intellectual Property Law), protected literary, artistic and scientific works include: literary, scientific works, textbooks, textbooks and other works expressed in writing or other characters; lectures, speeches and other speeches; journalistic works; musical works; theater works; cinematographic works and works created by a similar method (hereinafter referred to as cinematographic works); visual and applied art works; photographic works; architectural works; maps, diagrams, maps, drawings related to topography, scientific works; literary and folk art works; computer programs, data collection (Article 14).
A derivative work is protected only if it does not prejudice the copyright in the work used to make the derivative work. Protected works must be created directly by the author with his or her own intellectual labor, without copying from other people’s works. Pure news, legal documents, administrative documents, other documents in the judicial domain and official translations of such documents, processes, systems, methods of operation, Concepts, principles and data are not covered by copyright protection.
Copyright is a group of intellectual property rights, including the moral rights and property rights of authors in literary, scientific and artistic works, and those rights are protected by the state. Copyright protection are methods and measures used by competent subjects for the purpose of creating a legal corridor to protect legitimate rights and interests, and to establish the rights of copyright owners. subject and the corresponding copyright and protect that right against any third party infringement. The protection of copyright with a foreign element is divided into two cases: there are governing international treaties: the Bern Convention; Agreement on TRIMs, Agreement between Vietnam and the United States; Agreement between Vietnam – Switzerland; Vietnam – ASEAN Framework Agreement; In the absence of governing international treaties, the copyrights of foreigners and foreign legal entities will be protected in Vietnam according to the laws of the Socialist Republic of Vietnam.
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