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 are the things to know about 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.
Things to know about copyright protection for foreign works in Vietnam
Under what circumstances can foreign works in Vietnam be registered?
Not all works can be registered for copyright but they must be works that have been established in copyright protection in the Intellectual Property Law:
– Literary works Protected studies, arts and sciences include:
+ Literary and scientific works; textbooks, textbooks, and other works expressed in writing or other characters.
+ Lectures, speeches, and talks.
+ Pressworks, musical works, theatrical works.
+ Cinematographic works and works created by similar methods (collectively referred to as cinematographic works).
+ Visual and applied artworks.
+ Photographic works.
+ Architectural works.
+ Maps, diagrams, maps, drawings related to topography, architecture, and scientific works.
+ Works of literature and folk art.
+ Computer program, data collection.
– Derivative works only if there is no prejudice to the copyright in the work used to make the derivative work.
How to apply for Copyright protection for foreign works in Vietnam?
Any author who wants to register a copyright with his or her intellectual work will have to directly; or authorize another individual or organization to submit an application for copyright registration at the head office. Office of Copyright Office or Representative Office of Copyright Office in Ho Chi Minh City; Ho Chi Minh City; Da Nang; or the Department of Culture, Sports and Tourism where the author resides in the most reasonable and time-saving manner. In addition, for authors who are too far away to visit in person, they can send their dossiers by post.
In addition, for foreign individuals and legal entities that have works, performances, or intellectual products that want to register copyrights, according to Articles 13 and 17 of the Intellectual Property Law, such individuals must directly or authorize individuals or organizations to submit dossiers at the Copyright Office or at the Department of Culture, Sports and Tourism where the author resides.
Documents required in copyright registration for foreign works in Vietnam?
In order to register copyrights, individuals or organizations need to complete an application for copyright registration with the following documents:
- Declaration of copyright registration
The registration must be by the author himself or by an authorized person with his or her full name on the declaration. In addition, the declaration also needs to clearly and fully state the preliminary content of the work, performance, and intellectual product that the individual wants to register for copyright.
- 2 copies of the copyrighted work or 2 copies of the related copyrighted fixation. For particularly bulky works such as statues or architectural works, the author needs to submit a photographic copy in three-dimensional space.
- Power of attorney in case an individual or organization cannot come in person to submit the application but must ask another individual to submit the application.
- In case the work is inherited, transferred or inherited, it is required documents proving the right to file.
- Written consent of co-authors if the work has a co-author
- If the work have multiple authors, the document needs to have the written consent of the co-owners.
Time for reviewing and granting copyright registration certificates Copyright
According to the regulations of the State of Vietnam, for each valid application, within 15 working days from the date of receipt of the application. If the dossier is valid, the Copyright Office is responsible for granting the copyright registration certificate to the applicant. During the review process, if the application is invalid, the Copyright Office will be responsible for returning the file with a written notice to the owner.
Finally, Hope this article is useful for you to know more about things to know about copyright protection for foreign works in Vietnam. If you need any further information, please contact LSX Law Firm: 0833102102