Why do foreign works need copyright protection in Vietnam?

by DangKhoi

The creation of literary, artistic, and scientific works takes a lot of effort and devotion from the author. Therefore, when the work is born, it is protected by the law on intellectual property rights. This protection has the effect of encouraging people’s creativity, creating motivation for the birth of valuable works and research works, and serving the interests of the community. If the work is already protected by copyright, Why do foreign works need copyright protection in Vietnam??  Let’s find out in this article with LSX Law firm.

Legal Ground

Intellectual Property Law 2005

Each literary, artistic, and scientific work created is the result of the author’s efforts and devotion. In order to respect and honor the author’s hard work and creativity, the law grants the author copyright. Specifically, the current Intellectual Property Law stipulates that “Copyright is the right of an organization or individual to a work they create or own”. And this copyright will arise since the work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published. unpublished, registered, or unregistered.

  • The work must be original (by the author and not copied from others)
  • Only the expression of the work is protected (no protection for the ideas of the work itself)
  • A protected work must be in the concept of a literary, artistic, scientific work.

When individuals and organizations have copyright, they will have moral rights and property rights to their rights. works, specifically, moral rights and property rights include the following minor rights:

MORAL RIGHTS INCLUDING THE FOLLOWING RIGHTS:

  • Naming the work.
  • Put your real name or pseudonym on the work
  • Publish the work or authorize others to publish the work.
  • Protect the integrity of the work, not allowing others to modify or distort the work in any way that is detrimental to the honor and reputation of the author.

PROPERTY RIGHTS INCLUDES THE FOLLOWING RIGHTS:

  • Making derivative works;
  • Performing the work in public;
  • Copy the work;
  • Distributing or importing originals or copies of works;
  • Communicating the work to the public by means of wireline, radio, electronic information networks or any other technical means;
  • Renting originals or copies of cinematographic works and computer programs.

According to the provisions of Article 49 of the Intellectual Property Law 2005, registration of copyright and related rights means that the author, copyright holders, and related rights holders submit an application and attached documents to the agency. Then the competent state agency records information about authors, works, copyright holders, related rights holders.

As mentioned, copyright will arise from the time the author creates the work and the work is in a specific material form. The implementation of copyright registration procedures is not necessary to enjoy copyright. The registration of protection is not the basis for establishing copyright; Copyrighted or unregistered works enjoy the same protection. However, copyright registration is necessary and very meaningful in protecting copyright, especially in proving copyright when a dispute occurs.

Specifically, when a dispute occurs, an organization or individual that has a copyright registration certificate will have no obligation to prove that copyright and related rights belong to them in the event of a dispute, except in the case of a dispute. where there is evidence to the contrary. This means that the Copyright Registration Certificate is implicit proof of the status and rights of the author; the copyright owner to the registered work. Therefore, the Copyright Registration Certificate is the best proof of ownership of the author. On the contrary, if individuals or organizations do not register the copyright, when a dispute occurs, the individual or organization must prove themselves as the author of the work and must collect documents to prove it. 

After finishing the copyright registration process, the decision on granting the Copyright Registration Certificate will be on the Official Gazette on copyright and rights. This helps restrict other individuals and organizations from infringing on your copyright to the work.

When you have a Certificate of Copyright Registration, it can prove your ownership of the work, so you can easily transfer your copyright to another individual or organization, or you can use it as an asset to contribute as capital to a company. 

Finally, Hope this article is useful for you to answer the question: Why do foreign works need copyright protection in Vietnam? If you need any further information, please contact  LSX Law firm+84846175333 or Email: hoangson@lsx.vn

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