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. 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. It is important to protect copyrights of creators and owners hence registering copyright services in Vietnam is needed to encourage the creation of such Work.
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 support you in registering and protecting your copyright and related rights in Vietnam as following:
-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.
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).
-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.
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.
We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.
How to authorize ANT Lawyers to act as your IP representative in Vietnam?
Signals of Copyright Infringement in Vietnam?
Software Compliance Law Firm in Vietnam?
How to register a copyright or related rights in Vietnam?
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Four Steps of Patent Application Processing Procedures
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How ANT Lawyers Could Help Your Business?
You could learn more about ANT Lawyers IP Practice or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529
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