Online copyright registration and direct application submission – what is the difference?

In an era where creative products are increasingly valuable economically, every author wants his work to be firmly protected against the risk of being copied and used illegally. Copyright registration is an important legal tool to record ownership and strengthen evidence in case of disputes. However, choosing between direct filing or online registration makes many people wonder: which form is more convenient, what are the differences in the process, risks and efficiency of processing documents? VCD’s article below will help you.

Overview of copyright registration.

Copyright registration is an administrative procedure carried out at the Copyright Office to record the legal ownership of the author or owner of the work. According to the provisions of Article 6 and Article 49 of the Intellectual Property Law 2005 (amended and supplemented in 2022), copyright arises automatically from the time the work is created and expressed in a certain form. However, the Copyright Registration Certificate is important legal evidence, helping to clearly establish the time of arising of rights and the subject of rights in civil and commercial transactions as well as in the process of dispute resolution.

Registration is not a mandatory condition for a work to be protected, but it is an effective measure to strengthen evidence, protect the rights and legitimate interests of authors and owners when disputes, complaints or handling of copyright infringement occur.

What is the difference between online copyright registration and direct submission?

Differences in the way of submitting documents

According to Article 39 of Decree 17/2023/ND-CP, applicants can choose to submit online via the Public Service Portal or submit directly to the Copyright Office and representative offices. However, the specificity of the copyright registration procedure is that regardless of the method of submission, applicants must create an electronic profile on the Public Service Portal to be granted a profile code, then submit a paper copy with the profile code for the Office to receive and process.

For online submission:

The applicant completes the electronic declaration, downloads the soft copy of the work, and downloads the original scans of the standard hard documents of a set of documents. After submitting a complete and valid application, the applicant will receive a file code and send the entire paper file by post. The Copyright Office will only process the application from the time the paper file is received.

For direct submission:

After declaring the application online and receiving the file code, the applicant prepares the paper file and submits it directly to the receiving agency. Direct submission facilitates the preliminary examination of the application and limits errors.

Differences in convenience and risk in the application submission process

In terms of convenience, the online submission method allows organizations and individuals living far away to proactively submit their applications without having to go directly to the receiving agency, thereby saving travel time and travel costs. However, the specificity of electronic filing is that all data files must be in the correct format, clear and complete. Any errors related to the electronic declaration, work sample or documents proving ownership may lead to requests for amendments or supplements to the dossier. Because the exchange with the receiving agency is mainly through the online system or by post.

On the contrary, the direct submission form provides more certainty and limits risks. The dossier is checked by the receiving officer at the time of submission, helping to detect early errors in the declaration, supporting documents or work sample. Thanks to that, the applicant can make timely adjustments, ensuring that the dossier is received validly and shortening the processing time.

Benefits of copyright registration

Creating clear legal evidence

The copyright registration certificate is an important basis in proving the time of establishing rights and the owner of the rights. In case of a dispute, this certificate is valuable as strong evidence according to the provisions of Article 198 and Article 203 of the IP Law, helping to shorten the process of proving and protecting the rights of the owner.

Convenient in exploiting and transferring rights

Works that have been granted a Certificate create favorable conditions for licensing, transferring, valuing intellectual property and conducting commercial transactions. This is especially necessary for businesses that own works of economic value.

Enhancing reputation and protecting the brand

Copyright registration helps businesses build a solid legal system, enhance reputation in partnerships, and limit the risk of being copied, appropriated or illegally registered.

Basis for effective handling of infringement

When an infringement occurs such as unauthorized copying, use, modification or dissemination of a work, the registered owner has the right to request administrative, civil or criminal measures under Articles 212–214 of the IP Law. The certificate helps the competent authority quickly verify the rights and handle the infringement.

Above is the article “Online copyright registration and direct application submission – what is the difference?” that VCD sent to you. We hope this article is useful to you.

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