According to the provisions of the law on intellectual property, foreign individuals or foreign companies can apply for copyright registration for their works in the territory of Vietnam but are not allowed to directly submit the application for registration of copyright. to sign copyrights, but must authorize a copyright representative organization to advise and on behalf of foreign individuals and companies to submit registration documents. So about the matter “Procedure for copyright registration of foreign company in Vietnam” Let’s find out with LSX in the article below.
- Law on Intellectual Property 2005, revised in 2009, 2019, 2022.
- Decree No. 22/2018/ND-CP dated February 23, 2018.
What is copyright?
Copyright does not need to be registered at a competent state agency. The author automatically owns the copyright to his work. This copyright belongs to the author if the work is preserved at least once on some medium.
Copyright registration will be used to prove the legal owner when there is a dispute with a 3rd party regarding ownership. At that time, the author has grounds to protect his rights and is legally protected.
In the absence of a clear understanding of the legal provisions, disputes may arise. At that time, it is very difficult for the author to prove that the work is his product.
The basis for the arising of copyright
Copyright automatically arises from the moment a work is created in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered. Accordingly, copyright is protected when two conditions are satisfied:
Expressed in a certain physical form.
It is understood that the work is created by the author himself.
Works subject to copyright registration
Literary, artistic and scientific works protected by copyright include:
• Literary, scientific, textbooks, textbooks and other works expressed in writing or other characters: works presented in Braille for the visually impaired, shorthand symbols and other similar symbols in place of writing that can be reproduced by accessible objects in a variety of ways.
• Lectures, speeches and other speeches are works expressed in spoken language and must be fixed in a certain material form.
• Computer programs, data collection: computer software, etc.
• Visual and applied art works are works represented by lines, colors, shapes, and layouts such as: Painting, graphics, sculpture, installation art and other similar forms of expression. self, exists in a unique form. Particularly for the graphic type, it can be shown up to the 50th edition, numbered and signed by the author. Accordingly, a work is represented by lines, colors, shapes, layouts with useful features, can be attached to a useful object, produced manually or industrially such as: Graphic design (expression of logos, identity systems and product packaging), fashion design, product styling, interior design, decoration.
• A musical work is a work expressed in the form of musical notes in a piece of music or other musical characters or fixed on a phonogram or video recording with or without lyrics, regardless of the performance or no show.
• Theatrical work is a work of the performing arts, including: Cheo, tuong, cai luong, puppetry, drama, folk drama, physical drama, musical, circus, comedy, vaudeville and other performing arts.
• A journalistic work is a work with independent content and complete structure, including the following genres: reportage, snapshot, report, interview, reflection, investigation, commentary, editorial, expert essays, press signings and other types of press for publication or distribution in print, audio, video, electronic or other media.
• Cinematographic works and works created by similar method (hereinafter collectively referred to as cinematographic works) are works represented by moving images with or without combination with sound and other media according to the principles of cinematographic language, a still image taken from a cinematographic work that is part of that cinematographic work;
• A photographic work is a work that presents an image of the objective world on a light-absorbing material or on the medium on which the image is produced, or may be produced by chemical, electronic or other methods, other techniques. Photographic work may or may not be captioned.
• Architectural works are works of the architectural type, including: Architectural design drawings of works or combinations of works, interiors or landscapes; Structures.
• Maps, diagrams, maps, drawings related to topography, architecture, scientific works including graphics, diagrams, maps, drawings related to topography, types of scientific works study and architecture.
• Literary and folk art works are performing arts such as cheo, tuong, cai luong, puppetry, singing, and musical melodies; dances, plays, folk games, village festivals, forms of folk rituals.
Procedure for copyright registration of foreign company in Vietnam
Basically, for copyright registration procedures, customers only need to provide information and documents for copyright registration including:
– Notarized copy of the passport of the owner of the work in case the owner of the work is an individual
– Notarized copy and Vietnamese translation of the business registration certificate of the owner in case the owner is a legal entity
– 02 works will be copyrighted
– A written commitment from the author who created the work
– Deciding to assign work to the author
– Declaration of copyright registration
After preparing the above-mentioned copyright registration documents, the dossier will be submitted and monitored until the final decision of the Copyright Office is received for the registered work of the individual or foreign company.
Term of copyright protection and copyright-related rights
Pursuant to Article 27 of the 2005 Intellectual Property Law, amendments and supplements to Clause 8, Article 1 of the Law amending and supplementing a number of articles of the 2009 Intellectual Property Law:
• Moral rights of the author: The right to name the work; The right to have real or pseudonymous names on the work; be given a real name or a pseudonym when the work is published or used; The right to protect the integrity of the work, to prevent others from modifying, mutilating or otherwise distorting the work in any way that is prejudicial to the honor and reputation of the author is protected indefinitely.
• The right to publish a work or to permit others to publish the work, and the specified property rights have the following term of protection:
• Cinematographic, photographic, applied art and anonymous works have a term of protection of seventy-five years from the time the work is first published; for cinematographic, photographic or applied art works that have not been published within twenty-five years from the time the work is fixed, the term of protection is one hundred years from the time the work is published in shape; for anonymous works, when information about the author appears, the term of protection shall be calculated according to the provisions below;
• Works that do not fall into the category specified above have a term of protection for the entire life of the author and for 50 years following the year of the author’s death; in the case of a work with co-authors, the term of protection shall terminate in the fiftieth year after the year of death of the last co-author;
• The protection period specified above ends at 24 o’clock on December 31 of the year where the copyright protection term is terminated.
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Frequently asked questions
For foreign authors, foreign legal entities whose literary, artistic or scientific works are published and popularized for the first time in Vietnam or are created and expressed in certain forms in Vietnam. All of them are copyrighted by the Vietnamese government (unless the work is not protected by the state).
Copyright registration for foreigners aims to protect the rights of foreign authors and foreign legal entities in Vietnam with respect to literary and artistic or scientific works.
Copyright registration is a guarantee that the creator of a work has a strong foundation against infringements of the owner’s rights to that work.
Copyright registration in the territory of Vietnam is not only for Vietnamese individuals and legal entities, to expand its scope, it is also for foreign individuals and legal entities. As a member of the Berne Convention on the protection of copyright and international treaties with provisions on copyright, Vietnam is also obliged to register foreign copyrights.