In order for the copyrights of your foreign intellectual works to be protected, It is necessary that you register for copyright protection of your work. So what is the process of copyright protection for foreign works in Vietnam? Let’s find out in this article with LSX Law firm.
Law on Intellectual Property 2005 amended and supplemented in 2009 and 2013
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.
Process of copyright protection for foreign works in Vietnam.
In order to be recognized by a state agency for copyright, we must complete administrative procedures with 4 steps as follows:
Step 1: Prepare a valid dossier
The first step in In order for foreign works in Vietnam to be “licensed”, we must collect and complete the necessary documents, including:
- Declaration of Copyright Registration
- Statement of the author and owner
- Authorization letter (including service contract/ Power of attorney/ Authorization contract)
- Identity card/ Citizen ID/ Passport – Or business registration (for company)
- Two samples/copy of work
Step 2: Submit the application of copyright protection for foreign works in Vietnam at the authorities
After preparing a valid dossier, we gather the dossier and send it to the head office of the Copyright Office, address at:
- Headquarter in Hanoi : No. 33 Lane 294/2 Kim Ma, Ba Dinh District, City. Hanoi
- Representative Office in Ho Chi Minh City: 170 Nguyen Dinh Chieu Street, District 3
- Representative offices in Da nang: 01, Tang Nhon 7, An Hai Bac Ward, Son Tra District, Da Nang City
Additionally, the agency competent to handle dossiers is the Copyright Office of Vietnam in Hanoi. Representative offices in regions only have the function of receiving and forwarding dossiers. Therefore, for best results, you should file directly at the Copyright Office of Vietnam for convenient handling.
Step 3: Waiting for results of copyright protection for foreign works in Vietnam
After submitting the application and receiving the receipt, the state agency needs 15 working days to search and approve. After 15 working days, the following cases will arise:
- Valid application: Refer to “Step 4”
- Invalid application: Amendment according to the guidance of the Copyright Office of Vietnam. After modifying the profile, wait for another 15 days and revise until it is perfect and accepted, then we will move to “Step 4”
Step 4: Receive the result of the Process of copyright protection for foreign works in Vietnam.
Then, After completing “Step 3”, We hold an appointment to return the results to the Copyright Office and pay the equivalent fee. So for Each type of copyright there are different fees. After paying the fee, you will receive the “Certificate of Copyright Registration” issued by the Copyright Office.
Finally, Hope this article is useful for you to know more about the Process of copyright protection for foreign works in Vietnam. If you need any further information, please contact LSX Law Firm: 0833102102