Application for issuance of Certificate of registered copyright, Certificate of registered related rights in Vietnam

Application for issuance of Certificate of registered copyright, Certificate of registered related rights in Vietnam (Internet image)

On April 26, 2023, the Government issued Decree 17/2023/ND-CP guiding the Law on Intellectual Property on copyright and related rights.

1. Application for issuance of Certificate of registered copyright, Certificate of registered related rights in Vietnam

According to Clause 1, Article 39 of Decree 17/2023/ND-CP, application for issuance of Certificate of registered copyright, Certificate of registered related rights under Clause 2 Article 50 of the Law on Intellectual Property consists of:

- Application for registration of copyright, related rights (using specified form) attached with signature or fingerprints of authors, copyright holders, related right holders unless they are physically incapable of appending their signatures and fingerprints;

- 2 copies of the works (including electronic copies) or 2 fixed copies of performances, audio recordings, video recordings, broadcasting programs;

- Power of attorney if the applicants are authorized by authors, copyright holders, related right holders in accordance with Clause 6 Article 38 hereof;

- Proof of copyright ownership:

Identification documents for individuals: 1 copy of Identity Card or Citizen ID Card or Passport;

Legal status documents for organizations: 1 copy of business registration certificate or business establishment license or decision on establishment;

Documents proving right ownership due to assignment of creative works mean documents assigning tasks or confirmation of tasks assigned to affiliated individuals;

Documents proving right ownership due to creative contracts mean contracts, regulations, rules of competition;

Documents proving right ownership due to inheritance mean documents indicating inheritance notarized and certified as per the law;

Documents proving right ownership due to transfer of rights mean contracts for transfer, gift, trading, capital contribution in writing and notarized, certified as per the law;

If authors are not right holders, the authors must present commitment on creative freedom and creativity under decisions on confirmation of assignment; contracts; competition participation, and be responsible for the commitment.

Documents proving right ownership due to assignment of creative tasks, creative contracts under this Clause must be the original copy or notarized, certified true copies;

- Written consent of co-authors, if there are multiple authors;

- Written consent of co-owners if copyright, related rights are under joint ownership;

- If the works contain images of other individuals, written consent produced by these individuals is required as per the law.

2. In case of refusal to grant a certificate of registration of copyright and related rights

According to Clause 2, Article 39 of Decree 17/2023/ND-CP, competent authorities shall reject the application for issuance of Certificate of registered copyright, Certificate of registered related right, return the application, and notify the applicants in writing when:

- Requirements under Clause 4 Article 38 of Decree 17/2023/ND-CP are not met;

- The works, performances, audio recordings, video recordings, broadcasting programs are found to have format or contents that:

+ Violate the Constitution, regulations and law;

+ Plot against the Communist Party or the Government of the Socialist Republic of Vietnam;

+ Contradict fine traditions, customs, morals of the people;

+ Engage in superstition and details of other nature as per the law;

- The works, performances, audio recordings, video recordings, broadcasting programs are currently under disputes, complaints, denunciation and not resolved by legitimate effective decisions of competent authorities, courts, or arbitration;

- Competent authorities do not receive adequate application or adequate adjusted application after the time limit under Point c Clause 5 Article 38 of Decree 17/2023/ND-CP.

More details can be found in Decree 17/2023/ND-CP, effective as of April 26, 2023, replacing Decree 22/2018/ND-CP.

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