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Copyright registration

14/06/2023 - 186

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Pursuant to Clause 2 Article of the IP Law: “Copyright means the rights of an organization or individual to works which such organization or individual created or owns”. Copyright registration: the author or the owner of the work submits a profile to the Copyright Office. After the application is approved, they will receive a certificate […]

Pursuant to Clause 2 Article of the IP Law: “Copyright means the rights of an organization or individual to works which such organization or individual created or owns”.

Copyright registration: the author or the owner of the work submits a profile to the Copyright Office. After the application is approved, they will receive a certificate of copyright registration for the work.

Applications for registration of copyright or related rights are prescribed as follows:

Pursuant to Article 50 of the IP Law:

  1. Authors, copyright holders and related rights holders may directly file, or may authorize other organizations or individuals to file, applications for registration of copyright or related rights.
  2. An application for registration of copyright or related rights shall comprise:

(a) A declaration for registration of copyright or related rights.

A declaration must be made in Vietnamese and signed by the author, copyright holder, related rights holder or person authorized to file the application; and must include complete information on the applicant, author, copyright holder or related rights holder; the summarized content of the work, performance, audio and visual fixation or broadcast; the name of the author, and the title of the work used to make the derivative work if the work to be registered is a derivative work; the date, place and form of publication; and an undertaking accepting liability for the information set out in the application.

The Ministry of Culture and Information shall regulate the sample form of a declaration for registration of copyright or related rights.

(b) Two copies of the work the subject of the application for copyright registration, or two copies of the formulated object the subject of the application for related rights registration;

(c) A letter of authorization where the applicant is an authorized person;

(d) Documents proving the right to file the application where the applicant acquires such right by way of inheritance, succession or assignment;

(dd) Written consent of the co-authors in the case of a work under joint authorship;

(e) Written consent of the co-owners if the copyright or related rights are jointly owned.

  1. The documents stipulated in sub-clauses (c), (d), (dd) and (e) of clause 2 of this article must be written in Vietnamese. Documents in a foreign language must be translated into Vietnamese.

Procedures for registration of copyright and related rights are prescribed as follows:

  1. Submission

Pursuant to Article 34 of Decree 22/2018/ND-CP:

Authors and owners of copyright and related rights may directly or authorize other entities to submit a set of application for registration of copyright or related rights to the headquarters of the Copyright Office of Vietnam, representatives offices of the Copyright Office of Vietnam in Ho Chi Minh City or Da Nang city affiliated to the Ministry of Culture, Sports and Tourism. Dossiers may be sent by post.

Note: Foreign entities whose works, performances, phonograms, video recordings or broadcasts are covered by copyright and related rights protection specified in Clause 2, Article 13 and Article 17 of the Intellectual Property Law may directly file applications for copyright and related rights registration with the Copyright Office of Vietnam in Ho Chi Minh City or Da Nang city affiliated to the Ministry of Culture, Sports and Tourism, or authorize copyright and related rights consultancy or service organizations to do so.

  1. Result

Pursuant to Article 52 of the IP Law:

The State administrative body for copyright and related rights shall be responsible to grant a registered copyright certificate or registered related rights certificate to the applicant, or shall notify the applicant in writing in a case of refusal to grant a certificate, within a time-limit of fifteen (15) working days from the date of receipt of a valid application.

Quang Anh

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