How to Protect
Copyright in Vietnam?
Copyright refers to an
individual or organization's rights to a work that they created or own, as
defined by Vietnam's Intellectual Property Law. Additionally, works of
literature, art, and science shall constitute the subject matter of copyright;
Performances, audio and visual fixation, broadcasts, and satellite signals
carrying coded programs are all eligible subjects for copyright-related rights.
However, if there is no
prior prepared evidence, it is difficult to demonstrate the owner's copyright.
In the event of a dispute or violation, the most crucial piece of evidence is a
copyright registration. When the owner can demonstrate that the Work is covered
by copyright law, the registration of the copyright will prevent infringement.
ANT Lawyers – A registering copyright services in Vietnam would like to assist you in registering and
safeguarding your copyright and related rights in Vietnam in the following ways
with their highly skilled staff and extensive knowledge of the intellectual
property landscape in Vietnam:
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
If a work meets the following requirements, its owner's
copyright will be registered:
-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 duration of each type of work protected by the
aforementioned rights will vary. The term of protection for cinematographic,
photographic, stage, applied, and anonymous works, in particular, shall be
fifty (50) years from the date of first publication. Other works are protected
throughout the author's lifetime and for fifty (50) years after their death.
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