COPYRIGHT REGISTRATION: SIMPLE AND LATEST PROCEDURES IN 2022

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Copyright is protected automatically so that copyright registration is not required. It is why many individuals are subjective to this issue. When a dispute arises, they cannot prove the copyright to the work for many reasons. As a result, to protect their legitimate rights and interests, authors and owners should register copyright. Below, OTIS LAWYERS would like to provide the latest order of procedures for copyright registration in 2022.

Legal grounds

  • Law on Intellectual Property 2005, amended and supplemented in 2009 and 2019
  • Decree No. 22/2018/ND-CP on guidelines for certain number of articles of the intellectual property law and law on amendments to the intellectual property law 2009 in terms of the copyright and related rights

Basis of arising rights

According to the provisions of Clause 2, Article 4 of the Intellectual Property Law amended 2019: " Copyright means rights of organizations and individuals to works they have created or own.”

This right arises from the moment the work is created and is expressed in a certain form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered.

Concepts and reasons for copyright registration

Concept of copyright registration

According to Clause 1, Article 49 of the Intellectual Property Law amended 2019, the registration of a copyright is the submission of an application and accompanying documents by the author and owner to a competent state agency to record information about the copyright. author, work, owner.

Reasons for copyright registration

The creative field of copyright is mainly focused on culture and art to satisfy spiritual needs and improve understanding in the fields of literature, art and science. Therefore, the overlapping of ideas and forms of works occurs a lot. At that time, disputes might occur, and the parties have to prove their own copyright to the work. The certificate of copyright registration is the most practical proof.

As a result, although copyright registration is not mandatory, copyright owners and authors should register to protect their interests.

Registration Documents

The following documents should be prepared:

  • Declaration of copyright registration

The declaration must be made in Vietnamese and signed by the author, owner or authorized person to submit the application, and contain complete information about the applicant, author, and owner of the copyright; summary of the work's content; the name of the author, the work used as a derivative work if the work is registered as a derivative work; time, place and form of publication; commitment to responsibility for the information stated in the application.

  • Two copies of the work:

- 01 copy is kept at the Copyright office of Vietnam. 01 stamped copy with the registration certificate number shall be returned to the holder of the Certificate of Registration.

+ For works with particular characteristics such as paintings, statues, monuments, reliefs, monumental paintings associated with architectural works; works that are too large and bulky, the registered copy of the work is replaced by a three-dimensional photograph.

  • Power of attorney, if the applicant is an authorized person;
  • Documents proving the right to file an application, if the applicant enjoys that right of another person through inheritance, transfer or inheritance;
  • Written consent of co-authors, if the work has co-authors;
  • Written consent of the co-owners, if the copyright is jointly owned.

Order and procedures

Step 1. Determine the type of work

After completing the work, the owner, the author determines the type of work to proceed to draft the application for copyright registration 

Step 2: Prepare documents

Prepare documents for copyright registration in accordance with the law

Step 3: Submit copyright registration documents in person or by post to the following addresses

  • Copyright office of Vietnam: No. 33 Alley 294/2 Kim Ma, Ba Dinh, Hanoi, City. Hanoi.
  • Representative office of Copyright Office of Vietnam

(Representative office in Ho Chi Minh City: No. 170 Nguyen Dinh Chieu, Ward 6, District 3, Ho Chi Minh City.

Representative office in the city. Da Nang: No. 58 Phan Chu Trinh, Hai Chau District, Da Nang City.)

Step 4: The Copyright Office appraises and issues copyright registration certificates

  • Within 15 working days from the date of receipt of a valid application, the Copyright Office is responsible for granting a certificate of copyright registration to the applicant.
  • In case of refusal to issue a certificate of copyright registration, the Copyright Office must notify in writing the applicant.

Copyright-protected works

After completing the work, the author, the owner considers the following types of works to register:

  • Literary, scientific, textbooks, syllabus and other works expressed in writing or other characters;
  • Lectures, speeches and other talks;
  • Journalistic works;
  • Musical works;
  • Theatrical works;
  • Cinematographic works and works created by a similar method (hereinafter referred to as cinematographic works);
  • Visual and applied art works;
  • Photographic works;
  • Architectural works;
  • Maps, diagrams, maps, drawings related to topography, architecture, scientific works;
  • Literary and folk art works;
  • Computer programs, data collection.
  • Derivative works are created on the basis of existing works (original works) by changing content, form of expression or both. A derivative work is protected only if it does not prejudice the copyright in the work used to make the derivative work.

Copyright registration service of OTIS LAWYERS

  • Legal consulting on conditions and procedures of copyright registration for authors and owners of works.
  • Consulting to determine the appropriate type of work for copyright registration
  • Drafting copyright registration documents and submit to competent state agencies
  • Representing clients to register copyrights
  • Exchanging and providing information to clients during the copyright registration process
  • Consulting, handling disputes arising related to copyright.

Above are the sharing of OTIS LAWYERS about copyright registration under current law. OTIS LAWYERS hope that this article will help readers when they register to protect their rights in the future. OTIS LAWYERS provides consulting and client support services in the field of intellectual property. OTIS LAWYERS with a professional and experienced team ensure to provide the service that best satisfaction for you.

OTIS AND PARTNERS LAW FIRM

Office address: K28 – Group K, lane 68 Trung Kinh, Yen Hoa ward, Cau Giay District, Hanoi

Email:[email protected]

Hotline: 0987748111 Website: https://otislawyers.vn/

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