Under
Law on Intellectual Property of Vietnam, copyright means rights of an
organization or individual to Work which such organization or individual
created or owns. In addition, the subject matter of copyright shall comprise
literary, artistic and scientific works; the subject matter of copyright
related rights shall comprise performances, audio and visual fixation,
broadcasts and satellite signals carrying coded programs.
However,
in fact, it is challenging to prove the owner’s copyright if there is no prior
prepared evidence. A registration of copyright is the most important proof if
violation or dispute happens. The copyright registration shall deter
infringement, when owner can prove that the Work is protected under copyright
law.
With
highly professional staff and great experience in intellectual property aspect
in Vietnam, ANT Lawyers would like to support you in registering and protecting
your copyright
and related rights in Vietnam as following:
Our services in copyright
registration
-Provision
of professional opinions and advice in relation to registration of copyright
and related copyright;
-Advising,
preparation, drafting, filing and prosecution of registration of copyright and
related copyright;
-Provision
of professional opinions and advice in relation to license and assignment of
copyright and related copyright;
-Appeal
and cancellation;
-Proceedings
before the judicial authorities.
How to register a copyright or
related rights in Vietnam?
Condition of copyright registration
A
Work shall be registered its owner’s copyright if it does meet the following
conditions:
-The
ideas of the Work shall be presented particularly in a visible material
-The
Work shall be original (Be made directly by the author without copying from any
other works or people).
Required information and document
-Original
Power of Attorney (POA) from the Applicant;
-Information
of the author such as: Full name, Identify Card Number, Current address,
permanent address; …
-Information
of the Works such as: Name, the date of publication (if any), the place of
Publication (if any); …
-Business
registration certificate or establishment certificate (if applicant is
association or organization);
-Written
promise of being ownership of the work of the applicant;
-Some
other specialized document with each specified aspect.
Note:
The POA must be signed by the applicant or a duly authorized representative on
behalf of the Applicant and no further notarization or legalization is
required.
Duration
of copyright protection
-The
following rights are protected forever:
-Right
to give titles to their works.
-Right
to attach their real names or pseudonyms to their works; to have their real
names or pseudonyms acknowledged when their works are published or used.
-Right
to protect the integrity of their works; and to forbid other persons to modify,
edit or distort their works in whatever form, causing harm to the honor and
reputation of the author.
The following rights are protected
within the stipulated duration in law
-Right
to make derivative works;
-Right
to display their works to the public;
-Right
to reproduce their works;
-Right
to distribute or import the original or copies of their works;
-Right
to communicate their works to the public by wireless or landline means,
electronic information networks or other technical means;
-Right
to lease the original or copies of cinematographic works and computer programs;
-Right
to reproduce their works.
The
protection duration of each type of Work with the above rights shall be
different. In particularly, cinematographic works, photographic works, stage
works, applied art works and anonymous works shall have a term of protection of
fifty (50) years as from the date of first publication. Other work shall be
protected for the whole life of the author and for fifty (50) years after his
or her death.
ANT
Lawyers - Law firm in Vietnam is supported
by a team of experienced patent, trademark, design attorneys with qualification
and skills handling full range of legal services relating to intellectual
property rights in Vietnam. We have
specialized in the preparation and registration of patents, trademarks and
designs for our clients.
We
assist our clients in all steps of the prosecution phase of IP management.
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