Intellectual Property Copyright Registration: Overview and Registration Process

Intellectual property registration must be carried out in accordance with the specific type of asset and its corresponding protection mechanism. From books, songs, and software to logos, trademarks, inventions, and plant varieties, each subject matter entails its own regulations, documentation requirements, and registration authorities. In this article, VCD helps you distinguish between different categories of intellectual property rights, identify the appropriate form of protection, and gain an overview of the registration procedures.

1. What rights are included in intellectual property?

To properly understand intellectual property registration, one must first distinguish between "intellectual property" and "copyright." Under the Law on Intellectual Property, intellectual property is a broad concept encompassing various categories of rights, each with distinct subject matter and protection mechanisms.

a. Copyright and related rights

Copyright is a component of intellectual property rights, primarily protecting literary, artistic, and scientific works created by authors. Article 14 of the Law on Intellectual Property lists various types of protected works, such as written works, musical compositions, cinematographic works, fine art, photography, architectural works, and computer programs.

Common examples include:

• Books, stories, textbooks, and articles;
• Songs and musical compositions;
• Images, paintings, and works of fine art;
• Videos and films;
• Software and computer programs;
• Architectural works;
• Other works meeting the criteria for protection.

Notably, registration is not a prerequisite for the arising of copyright. Clause 1, Article 6 of the Law on Intellectual Property stipulates: "Copyright arises the moment a work is created and expressed in a certain material form…"

Thus, a work may be protected even without registration by the author. However, copyright registration provides the rights holder with legal evidence regarding the author, the work, and the owner in the event of a dispute.

Alongside copyright, there are "related rights," which apply to subject matter such as performances, sound recordings, video recordings, and broadcasts. These rights are subject to specific protection mechanisms under the Law on Intellectual Property.

b. Industrial property rights and plant varieties

Unlike copyright, industrial property rights focus on subject matter associated with production, business operations, and market competition. The primary subject matters include:

• Inventions;
• Industrial designs;
• Layout-designs of semiconductor integrated circuits;
• Trademarks;
• Trade names;
• Geographical indications;
• Trade secrets;
• Rights against unfair competition.

Each subject matter has a different method for establishing rights. For instance, trademarks, inventions, and industrial designs are typically protected based on registration and the granting of protection titles, whereas trade names and trade secrets have right-establishment mechanisms based on specific conditions.

Additionally, intellectual property encompasses rights regarding plant varieties. This is a protection mechanism for plant varieties that meet statutory conditions; they are not subject matter for copyright or trademark registration.

2. Where does copyright fit within the intellectual property system?

Distinguishing between these categories reveals that "copyright" is not synonymous with the entirety of intellectual property rights. Copyright typically refers to authors' rights, whereas intellectual property encompasses authors' rights (and related rights), industrial property rights, and plant variety rights.

a. The relationship between copyright and intellectual property

The system can be summarized as follows: Intellectual Property → Authors' rights and related rights + Industrial property rights + Plant variety rights.

Therefore, when exploring intellectual property registration, it is essential to accurately categorize the asset before selecting the appropriate procedure.

b. Which protection mechanism should be used?

The choice of protection mechanism depends on the nature of the asset and the objective of the protection. Examples include:

• Books, articles → authors' rights;
• Songs → authors' rights;
• Photographs, paintings → authors' rights;
• Software → authors' rights (specifically for computer programs);
• Names or logos used to distinguish goods or services → trademarks;
• Technical solutions → patents;
• External appearance of a product → industrial designs;
• New plant varieties → plant variety rights.

A single asset may also be protected through multiple mechanisms. For instance, a logo could potentially be protected under both copyright and trademark registration, provided it meets the specific requirements for each mechanism.

3. How to determine the type of right to register?

Correctly identifying the subject matter is the first step before preparing an intellectual property registration dossier. This helps avoid registering the wrong type of right or relying on a certificate to protect rights that it does not actually cover.

a. Classification table by subject matter

b. Illustrative examples

• Example regarding logos: If a business designs a unique logo, that logo may be considered for copyright protection. However, if the objective is to protect a sign used to distinguish goods or services in the marketplace, the business should consider trademark registration.
• Example regarding software: Computer programs fall under the category of works protected by copyright pursuant to Article 14 of the Law on Intellectual Property. If the software contains a technical solution that meets protection criteria, the possibility of patent protection may also be evaluated.
• Example regarding new products: If the competitive advantage lies in the product's external appearance, the owner may consider registering it as an industrial design rather than relying solely on copyright registration.

4. Registration authorities for intellectual property rights

After correctly identifying the subject matter for intellectual property registration, the next step is to select the appropriate agency to receive the application. Not all intellectual property procedures are handled by the same agency.

a. Copyright Office of Vietnam

For copyright and related rights, registration procedures are carried out at the competent authority for copyright and related rights as prescribed by law, which includes the Copyright Office of Vietnam.

The application dossier for copyright and related rights registration is specified in Article 50 of the Law on Intellectual Property and relevant guiding documents. Depending on the specific case, the dossier may include a registration declaration, a copy of the work, documents proving ownership, and other relevant materials. Once the dossier meets the required conditions, the competent authority issues a Copyright Registration Certificate or a Related Rights Registration Certificate.

b. Intellectual Property Office of Vietnam

For industrial property subject matter requiring registration, applications are processed according to the corresponding procedures for establishing industrial property rights at the Intellectual Property Office of Vietnam or designated receiving points.

Common subject matter for registration includes:

• Trademarks;
• Inventions;
• Industrial designs;
• Layout-designs of semiconductor integrated circuits.

Each type of subject matter has its own specific conditions, dossier requirements, and examination process; therefore, a single, generic application dossier should not be used for all types of rights.

5. Overview of procedures & costs

Although each type of right entails specific procedures, the intellectual property registration process generally begins with identifying the subject matter and concludes with receiving the protection outcome.

a. General process

Step 1: Identify the subject matter for protection.

Clarify whether the asset is a work, trademark, invention, industrial design, or other subject matter.

Step 2: Check eligibility for protection.

Assess whether the asset falls under the scope of legal protection and meets the corresponding requirements.

Step 3: Conduct a pre-registration search.

Particularly useful for trademarks, inventions, and industrial designs to assess the risk of identity or similarity with existing rights.

Step 4: Prepare the application dossier.

The dossier must comply with the requirements specific to the type of right and the applicant.

Step 5: Submit the application and pay fees/charges.

The applicant submits the dossier to the competent authority via legally permitted methods.

Step 6: Monitor and process the application.

The competent authority reviews the dossier; in some cases, the applicant may be required to make amendments, provide supplements, or submit clarifications.

Step 7: Receive the result.

Depending on the case, the result may be a Copyright Registration Certificate, a Related Rights Registration Certificate, or an industrial property protection title.

b. Cost breakdown

There is no fixed cost for intellectual property registration across all subject matters. Applicants may incur state fees and charges, as well as service costs if engaging a representative or consultant.

Costs depend on the type of right, the number of goods/services classes, the number of registered items, and any arising procedural requirements. Therefore, it is necessary to consult the fee schedule in effect at the time of submission to determine the exact cost.

6. Frequently asked questions

a. Is it possible to register multiple types of intellectual property rights simultaneously?

Yes, it is possible if an asset or project comprises multiple elements eligible for protection under different mechanisms.

For example, a brand might simultaneously involve:

• A logo requiring consideration for copyright protection;
• A logo or brand name requiring trademark registration;
• Packaging design requiring consideration for industrial design protection;
• Advertising content requiring consideration for copyright protection.

However, each right entails specific conditions, application requirements, and establishment mechanisms; they cannot all be consolidated into a single application dossier.

b. Is a work protected even if copyright is not registered?

Yes. According to Article 6, Clause 1 of the Law on Intellectual Property, copyright arises the moment a work is created and expressed in a specific material form, regardless of whether it has been registered. Nevertheless, copyright registration remains valuable as evidence, particularly in the event of disputes regarding authorship or ownership.

Correctly identifying the subject matter and selecting the appropriate protection mechanism from the outset helps optimize time and costs while enhancing the ability to enforce rights should a dispute arise. If you need to register intellectual property rights for a specific asset, please consult VCD’s intellectual property protection services for advice tailored to your specific situation.