Form of declaration for registration of related rights as of July 15, 2023 in Vietnam

Form of declaration for registration of related rights as of July 15, 2023 in Vietnam
Nguyễn Thị Diễm My

What is the form of declaration for registration of related rights as of July 15, 2023 in Vietnam? What are the regulations on subject matter of related rights eligible for protection in Vietnam? – Ha Thu (An Giang)

Form of declaration for registration of related rights as of July 15, 2023 in Vietnam

Form of declaration for registration of related rights as of July 15, 2023 in Vietnam (Internet image)

1. Form of declaration for registration of related rights as of July 15, 2023

The form of declaration for registration of related rights applied as of July 15, 2023, is Form No. 09, issued together with Circular 08/2023/TT-BVHTTDL.

Form of declaration for registration of related rights

2. Instructions for filling our the related rights registration declarations applicable from July 15, 2023

(1) If the declaration for registration of related rights is for an individual, initial each page of the declaration; if the declaration for registration of related rights is for an organization, affix the seal next to the declaration.

(2) Distributing copies for dissemination to the public, such as through publication, posting on telecommunications networks, the Internet, or other means, as specified.

(3) The contents of performances, phonograms, video recordings, and broadcasts are self-made, not copied, and do not violate the provisions of Vietnamese law.

For performances, phonograms, video recordings, and broadcasts containing content related to sovereignty, territory, national borders, history, religion, beliefs, fine customs, and traditions, health, honor, prestige, and the lawful rights and interests of other organizations and individuals; in the interests of the State and in the public interest, it must be assured that there is no infringing content or images, no distortion, and no influence on these issues.

(4) Fully declaring the implementers (if any) and clearly state the role of each implementer.

(5) Fully declaring related rights holders, if any.

(6) Where there is a co-owner of related rights, the signatures of all related rights co-owners are required. The declaration may be signed by one of the related rights co-owners if there is written authorization from the remaining related rights co-owners as prescribed by law.

3. Subject matter of related rights eligible for protection in Vietnam

- Performances shall be protected if they fall into one of the following categories:

+ They are made by Vietnamese citizens in Vietnam or abroad;

+ They are made by foreigners in Vietnam;

+ They are fixed on audio and visual fixation and protected pursuant to the provisions of article 30 of the Law on Intellectual Property 2005;

+ They have not yet been fixed on audio and visual fixation but have already been broadcast and are protected pursuant to the provisions of article 31 of the Law on Intellectual Property 2005;

+ They are protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

- Audio and visual fixation shall be protected if it falls into one of the following categories:

+ It belongs to audio and visual fixation producers bearing Vietnamese nationality;

+ It belongs to audio and visual fixation producers protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

- Broadcasts and satellite signals carrying coded programmes shall be protected if they fall into one of the following categories:

+ They belong to broadcasting organizations bearing Vietnamese nationality;

+ They belong to broadcasting organizations protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

- Performances, audio and visual fixation, broadcasts and satellite signals carrying coded programmes shall only be protected pursuant to the provisions of clauses 1, 2 and 3 of Article 17 of the Law on Intellectual Property 2005 on the condition that they are not prejudicial to copyright.

(Article 17 of the Law on Intellectual Property 2005)

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