The copyright registration application has been filed and the copyright registration certificate has been granted with certainty as author

Provisions on copyright in Vietnam

According to Clause 2, Article 4 of the 2005 Intellectual Property Law (amended by Clause 2, Article 1 of the amended Intellectual Property Law) has given the definition of copyright in Vietnam as follows:

"Article 4. Interpretation of terms

In this Law, the terms below are construed as follows:

…

2. Copyright means the rights of organizations and/or individuals over works they have created or owned.

…"

Therefore, the rights of authors associated with works created or owned by organizations or individuals.

The copyright registration application has been filed and the copyright registration certificate has been granted with certainty as author

Pursuant to Article 6 of the Decree No. 22/2018/ND-CP:

"Article 6. Author and co-author

1. Author means a person who directly creates part or the whole of a literary, artistic or scientific work.

2. Co-author means an author who jointly creates part or the whole of a literary, artistic or scientific work.

3. Any person who supports, contributes opinions or supplies other persons to create works shall not be recognized as author or co-author."

Accordingly, the principal author is the person who creates part or the whole of the work. An individual who does not directly create a work shall not be regarded as the author of that work.

The time when the author's right arises

Pursuant to Article 6 of the Law on Intellectual Property 2005 and Clause 1 Article 2 of the Law on Insurance Business, the amended Law on Intellectual Property shall be regulated as follows:

"Article 6. Grounds for generation and establishment of intellectual property rights

1. Author rights arise from the time the works are created and expressed in a certain material form, regardless of their contents, quality, form, means and language, whether or not they have been announced, registered or not.

2. The related rights arise from the time of performance, phonograms, video recordings, broadcasts, satellite signals carrying programs are identified or performed without causing any harm to the copyright.

3. Industrial property rights shall be established as follows:

a/ The industrial property rights to inventions, industrial designs, layout designs or marks shall be established under decisions on the grant of protection titles by competent state agencies according to the registration procedures specified in this Law or on the recognition of international registration under treaties to which the Socialist Republic of Vietnam is a contracting party.

Industrial property rights to well-known marks shall be established on the basis of their use, regardless of registration procedures.

Industrial property rights to geographical indications shall be established on the basis of decisions on the grant of protection titles by competent state agencies according to the registration procedures prescribed in this Law or treaties to which the Socialist Republic of Vietnam is a contracting party;

b) Industrial property rights to commercial names shall be established on the basis of the lawful use of such commercial names;

c) The industrial property rights to business secrets shall be established on the basis of the legal acquisition of business secrets and the keeping of such business secrets;

d) The right against unfair competition is established on the basis of business competition.

4. Rights to plant varieties shall be established according to the decision issued by a competent authority to issue the plant variety patent according to the registration procedures prescribed in this Law."

Accordingly, a basis for generation of copyright in Vietnam is the time when a work is created, regardless of whether it is published or not.

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