New regulations on copyright and co-authorship in the revised Intellectual Property Law of 2022 take effect from January 1, 2023?
Additional regulations on authors, co-authors in Vietnam?
According to Clause 4, Article 1 of the Law on Intellectual Property as amended in 2022, the authors and co-authors are as follows:
“Article 12a. Author, co-author
1. The author is the person who directly creates the work. Where two or more people directly co-create a work with the intention that their contributions are combined into a complete whole, those persons are co-authors.
2. Persons who support, give comments or provide materials for other people to create works are not authors or co-authors.
3. The exercise of moral rights and property rights for a work with co-authors must be agreed upon by the co-authors, unless the work has a separate part that can be separated for independent use without to the detriment of other co-authors or otherwise provided for by law”.
New regulations on copyright and co-authorship in the revised Intellectual Property Law of 2022 take effect from January 1, 2023? (Pictures from the internet)
What are copyright and related rights registration dossiers? How do co-authors in Vietnam register copyright?
According to Clause 14, Article 1 of the Law on Intellectual Property, amended in 2022, the following provisions are made:
"Article 50. Dossier for registration of copyright and related rights
1. Authors, copyright holders and related rights holders may directly or authorize other organizations and individuals to submit dossiers for registration of copyright or related rights in a direct manner. directly, through the postal service or through the online public service portal for the state management agency in charge of copyright and related rights.
2. An application for registration of copyright and related rights includes:
a) Declaration for registration of copyright and related rights.
The declaration must be made in Vietnamese with full information about the applicant, the author, the copyright owner or the relevant right holder; completion time; summary of the work, performance, phonogram, video recording or broadcast; the name of the author, the copyright holder, the work used as a derivative work if the registered work is a derivative work; time, place and form of publication; information on re-issuance, renewal (if any), commitment of responsibility for the information stated in the declaration. The declaration is signed or fingerprinted by the author, copyright holder, or related right holder, except in cases of physical incapacity to sign or fingerprint.
The Minister of Culture, Sports and Tourism shall prescribe the form of declaration of registration of copyright and related rights;
b) Two copies of the work registered for copyright or two copies of the fixation of the subject matter registered for related rights;
c) Power of attorney, if the person submitting the application for registration of copyright or related rights is an authorized person;
d) Documents proving that he is the owner of the rights created by himself or assigned to create creative tasks, entered into a creative contract, inherited or transferred the rights;
dd) Written consent of co-authors, if the work has co-authors;
e) Written consent of the co-owners, if the copyright and related rights are jointly owned.
3. Documents specified at Points c, d, dd and e, Clause 2 of this Article must be made in Vietnamese; if it is made in another language, it must be translated into Vietnamese”.
How is compensation payable to co-authors in Vietnam regulated?
According to Clause 53, Article 1 of the Law on Intellectual Property amended in 2022, the following provisions are made:
“Article 135. Obligation to pay remuneration to authors of inventions, industrial designs and layout designs
1. Except for the case specified in Clause 2 of this Article, the owner of an invention, industrial design or layout design is obliged to pay remuneration to the author as agreed; In case there is no agreement, the remuneration paid to the author shall be as follows:
a) 10% of the pre-tax profit earned by the owner from using the invention, industrial design or layout design;
b) 15% of the total amount received by the owner in each payment received for licensing the right to use the invention, industrial design or layout design before paying tax as prescribed.
2. For inventions, industrial designs and layout designs that are the result of scientific and technological tasks funded with the state budget, the owner shall pay remuneration to the author according to the following provisions:
a) A minimum of 10% and a maximum of 15% of the pre-tax profit earned by the owner from the use of an invention, industrial design or layout design;
b) A minimum of 15% and a maximum of 20% of the total amount received by the owner in each payment due to the licensing of the right to use an invention, industrial design or layout design before paying tax according to the provisions of law. regulations.
3. In the case of inventions, industrial designs or layout designs with co-authors, the remuneration rates specified in Clauses 1 and 2 of this Article are those for co-authors. The co-authors themselves agree on the division of the remuneration paid by the owner.
4. The obligation to pay remuneration to the author of an invention, industrial design or layout design exists throughout the protection term of the invention, industrial design or layout design.”.
3. Documents specified at Points c, d, dd and e, Clause 2 of this Article must be made in Vietnamese; if it is made in another language, it must be translated into Vietnamese.”
Thus, compared with the provisions of the 2005 Intellectual Property Law, the revised Intellectual Property Law of 2022 has added provisions related to the copyright of co-authors in Vietnam.
The revised Intellectual Property Law of 2022 takes effect from January 1, 2023.
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