Registration of copyright or related rights is a necessary right for state agencies to record information about authors, works, copyright holders, and related rights holders. So what is the procedure for intellectual property registration according to Vietnam’s regulations?
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LAWNET would like to provide detailed guidelines for the procedures for registration as follows:
Step 1: Preparing applications for registration of copyright
According to Article 50 of the Law on Intellectual Property of Vietnam, applications for registration of copyright or related rights include:
1. A declaration for registration of copyright or related rights: A declaration must be made in Vietnamese and signed by the author, copyright holder, related rights holder or person authorized to file the application; and must include complete information on the applicant, author, copyright holder or related rights holder; the summarized content of the work, performance, audio and visual fixation or broadcast; the name of the author, and the title of the work used to make the derivative work if the work to be registered is a derivative work; the date, place and form of publication; and an undertaking accepting liability for the information set out in the application.
2. Two copies of the work the subject of the application for copyright registration, or two copies of the formulated object the subject of the application for related rights registration;
3. A letter of authorization where the applicant is an authorized person;
4. Documents proving the right to file the application where the applicant acquires such right by way of inheritance, succession or assignment;
5. Written consent of the co-authors in the case of a work under joint authorship;
6. Written consent of the co-owners if the copyright or related rights are jointly owned.
7. Identity card of the author, the owner of the work (certified).
Note: The documents must be written in Vietnamese. Documents in a foreign language must be translated into Vietnamese.
Step 2: Determining the authority to grant registered copyright certificates
According to Article 51 of the Law on Intellectual Property of Vietnam guided by Article 35 of the Decree No. 22/2018/NĐ-CP of Vietnam’s Government, the Copyright Office of Vietnam is competent to issue, re-issue and invalidate copyright registration certificates and related rights registration certificates.
Thus, the procedures for registration of copyright shall be carried out at the Copyright Office of Vietnam.
Step 3: Submitting applications at the Copyright Office of Vietnam
Authors, copyright holders and related rights holders may directly file, or may authorize other organizations or individuals to file, applications for registration of copyright or related rights.
Step 4: Follow up with the application until the decision on the application is received
Within 12 working days from the date on which a satisfactory application is received, the Copyright Office of Vietnam affiliated to the Ministry of Culture, Sports and Tourism shall change the copyright registration certificate or related right registration certificate. (according to Article 52 of the Law on Intellectual Property of Vietnam guided by Article 37 of the Decree No. 22/2018/NĐ-CP of Vietnam’s Government)
If the application for re-issuance or change is refused, the Copyright Office of Vietnam affiliated to the Ministry of Culture, Sports and Tourism shall give a notice to the applicant.
Moreover, LAWNET would like to summarize some fees for registration of copyright or related rights specified in Circular No. 211/2016/TT-BTC of the Ministry of Finance of Vietnam as follows:
Ty Na
- Key word:
- Law on Intellectual Property
