Author: Editor VCD

Copyright registration is a crucial step in protecting intellectual property, but deciding whether to file online or in person is often confusing. Understanding the differences between the two methods will help you choose the most suitable, quick, and cost-effective option. This article “Is filing a copyright registration application online or in person more effective?” from VCD will help you compare the two methods of filing a copyright application to make your choice easier.

Benefits of copyright registration

According to Article 6 of the Vietnamese Intellectual Property Law 2022: “Copyright arises from the moment a work is created and expressed in a certain physical form, regardless of its content, quality, form, medium, language, whether it has been published or not, whether it has been registered or not.” However, copyright registration still offers many practical benefits:

• Creates strong legal evidence: The copyright registration certificate issued by the Copyright Office is important evidence proving legal ownership. In case of disputes, it provides a basis for quickly protecting your rights.

• Limits disputes and unauthorized copying: Registration helps establish clear rights, thereby minimizing the risk of unauthorized copying and use. This is especially important for creative products such as books, software, designs, and images.

• Facilitates commercial exploitation: With a certificate, the owner can easily transfer, license, or commercially exploit the work without legal obstacles.

• Basis for claiming compensation: In case of infringement, copyright registration makes it easier to claim compensation for damages according to the law.

Copyright registration application file

Based on Article 50 of the Vietnamese Intellectual Property Law 2022, the copyright registration application file includes:

• Copyright registration application form: According to the form issued by the Copyright Office, containing complete information about the author, owner, and the work.

• Copy of the work to be registered: This can be a printed copy, a photocopy, or a soft file, and must fully reflect the content of the work.

• Documents proving the right to file the application: If the applicant is the owner, proof of ownership must be submitted; if submitting on behalf of someone else, a valid power of attorney is required.

• Declaration: A commitment that the work is the original creation and not a copy.

• Other relevant documents (if any): Transfer agreement, written consent from co-authors, etc.

Is filing a copyright registration application online or in person more effective?

Currently, applicants can choose to submit their applications at the Copyright Office’s headquarters or through the online public service system. Each method has its own characteristics, suitable for different individuals and needs. Understanding the advantages and disadvantages will help you save time, costs, and minimize risks during the application process.

In-person application

This is the traditional method; applicants prepare all necessary paper documents and submit them directly to the competent authority.

Advantages

• Direct guidance: When submitting an application at the Copyright Office, you can directly communicate with the receiving officer. This is especially helpful for first-time applicants who are unfamiliar with legal regulations or administrative procedures. Questions related to the type of work, how to fill out the form, and necessary documents will be answered on the spot.

• Reduced application errors: One of the common risks when registering copyright is incomplete or incorrect information in the application. When submitting in person, if errors are discovered, you can immediately supplement or correct them, avoiding rejection or delays in processing.

• Suitable for complex applications: Cases such as works with co-authors, involving copyright transfer, or owned by an organization often require clear explanations. Direct communication allows for a more flexible processing compared to online methods.

Disadvantages

• Time-consuming and labor-intensive travel: Applicants must go directly to the headquarters or representative office, which is inconvenient if you live far away or don’t have much time.

• Dependent on office hours: Application submission is only done during government office hours, making it difficult for busy individuals or those working during office hours.

• Additional Costs: This includes costs for printing documents, notarizing documents (if needed), and travel expenses. For businesses or individuals in distant provinces, these costs can be quite significant.

Submitting applications online

This is a modern method, in line with the digital transformation trend, allowing users to submit applications through the Copyright Office’s online system.

Advantages

• Maximum Time Savings: Applicants do not need to travel; they only need to prepare electronic files and upload them to the system. This is especially convenient for individuals and businesses located far away or with busy schedules.

• Flexible Time: You can submit applications at any time, including outside of business hours, weekends, or holidays. This is a major difference compared to the in-person method.

• Easy Tracking of Processing Progress: The online system allows you to check the status of your application, helping you proactively monitor and promptly supplement information as needed.

• In line with the digitalization trend: Submitting applications online minimizes paperwork, optimizes processes, and aligns with the current trend of administrative procedure reform.

Disadvantages

• Requires technological skills: Applicants need to know how to scan documents, use online systems, and digitally sign (if applicable). This can be challenging for those unfamiliar with technology.

• Prone to errors if regulations are not fully understood: Without direct guidance from officials, applications that are not familiar with the process or lack necessary documents may be returned or require additional information.

• Dependent on the technical system: In some cases, the system may malfunction, become overloaded, or process slowly, affecting the user experience.

Overall, there is no significant difference in legal validity between the two methods. According to the Vietnamese Intellectual Property Law 2022, a certificate will be issued within the prescribed timeframe if the application is complete and complete (usually 15 working days).

However, the difference lies in practical experience and suitability for different groups:

• Direct submission: Safe, secure, suitable for beginners or those with complex applications.

• Online submission: Fast, convenient, suitable for experienced individuals and those with simple applications.

Therefore, the choice of submission method should be based on specific needs:

• If you are an individual registering for the first time and are unfamiliar with the procedures, direct submission is recommended.

• If you are a business that frequently handles legal procedures, online submission is preferred to save time.

• If the application involves complex legal elements, consider submitting directly or through a consulting firm.

The above is an article titled “Is filing a copyright registration application online or in person more effective?”. Hopefully, this information will help you choose the appropriate method and optimize the copyright registration process effectively.

Sincerely,

FAQ

Copyright infringement not only causes financial losses but also seriously affects the reputation and brand of individuals and businesses. However, when discovering infringement, many people are confused about where to start. So, what is the process for filing a copyright infringement lawsuit to ensure it is legal and effective?

What is copyright infringement?

Copyright infringement is the act of using, exploiting, or influencing another person’s work without the permission of the copyright owner, or without complying with the conditions of use as stipulated by law. This is a direct infringement of the author’s legitimate rights and interests, and can result in administrative penalties, civil compensation, or even criminal prosecution.

According to Vietnamese Intellectual Property Law, copyright includes moral rights and property rights. Therefore, any act that infringes on these two groups of rights can be considered copyright infringement.

In reality, copyright infringement can take many forms, such as:

• Unauthorized copying of works: copying files, duplicating, or reproducing works without permission

• Commercial use: selling, advertising, or distributing without permission

• Unauthorized editing or manipulation: altering the content or form of a work, affecting the author

• Failure to credit or impersonation of the author: using a work without acknowledging ownership

Documents to prepare for copyright infringement lawsuits

Preparing complete and accurate documentation is a key factor in determining the success of a copyright infringement lawsuit. A complete set of documents not only shortens processing time but also increases persuasiveness in court.

Below are the important documents to prepare:

• Petition: Clearly state the information of the plaintiff and defendant, describe the infringing act, and specify the request such as cessation of the infringing act, compensation for damages, or a public apology.

• Certificate of ownership: This could be a copyright registration certificate or other documents proving legal ownership issued by the Vietnam Intellectual Property Office or a competent authority.

• Evidence of infringement: Including images, videos, invoices, online data, or market reports clearly showing the infringing party’s unauthorized use of the work.

• Documents proving damages: Financial reports, data on lost revenue, or damage assessment results from a professional firm.

• Legal documents of the parties: National ID card/Citizen Identification Card for individuals, business license for enterprises (if any).

• Mediation record (if any): In cases where mediation has been previously attempted but was unsuccessful, as stipulated in Decree 65/2023/ND-CP.

Note: The documents should be fully notarized and certified. Evidence gathering usually takes 1-2 months, and if the documents are invalid, the Court may return them within 5 days as stipulated in the 2015 Civil Procedure Code.

What is the process for filing a copyright infringement lawsuit?

The procedure for filing a copyright infringement lawsuit follows a clear process, ensuring transparency and legality. Depending on the value of the dispute, the case will be resolved at the district or provincial level People’s Court.

Step 1: Preparing the file and gathering evidence

The plaintiff needs to gather all documents proving ownership and the infringing act, and draft a lawsuit petition according to the provisions of the 2015 Civil Procedure Code.

Timeframe: approximately 2 – 4 weeks.

Step 2: Submitting the file to the competent court

The file is submitted to the court where the defendant resides or has its headquarters. After receiving it, the court will review its validity and notify the plaintiff of the case’s acceptance.

Initial processing time: 5 – 8 working days.

Step 3: Mediation and First Instance Trial

The court will conduct mediation for approximately two months. If mediation fails, the case will proceed to first instance trial, where the parties present evidence and argue their case.

Trial duration: approximately four months.

Step 4: Enforcement and Appeal

After the first instance judgment:

• If there is no appeal, the judgment will be enforced within 30 days.

• If there is an appeal, the appellate trial will take approximately two months.

The total time to resolve a lawsuit usually ranges from 6 to 12 months, depending on the complexity.

Cost of filing a trademark infringement lawsuit

The cost of filing a lawsuit is a crucial factor that needs careful consideration. According to the 2015 Civil Procedure Code, first-instance civil court fees are calculated based on the value of the dispute:

• From VND 200,000 to VND 100 million for ordinary disputes

• If the value of the dispute exceeds VND 100 million, the court fee is approximately 5% of the dispute value (maximum VND 100 million)

In addition, there are other costs such as:

• Enforcement fee: approximately 2–5% of the enforcement value

• Damage assessment fee: from VND 10–50 million

• Lawyer’s fee: depending on the agreement (hourly or package deal)

• Administrative mediation fee: approximately VND 1–2 million according to Decree 65/2023/ND-CP

The total actual cost can range from VND 50–200 million depending on the scale of the case. In many cases, the winning party has the right to request the infringing party to reimburse part or all of these costs.

https://vietnamcopyright.com/what-is-the-process-for-filing-a-copyright-infringement-lawsuit/

The above is an article titled “What is the process for filing a copyright infringement lawsuit?“. Understanding and correctly following the prescribed procedure will help you proactively protect your rights when disputes arise. If you are facing copyright infringement, prepare your documents thoroughly and choose the appropriate course of action to ensure the highest legal effectiveness.

Sincerely,

FAQ

In practice, it’s quite common for authors or copyright owners to register copyrights on their behalf instead of directly submitting the application, especially when they lack legal knowledge or find it inconvenient to travel. However, many people still wonder whether registering copyright on behalf of someone else is legal. This VCD article will help you understand better.

Does the law allow registering copyright on behalf of someone else?

Current law does allow registering copyright on behalf of someone else; however, this registration is only legal if the person performing the procedure is legally authorized by the author or copyright owner.

Based on Clause 1, Article 50 of the 2005 Intellectual Property Law, the entities entitled to file copyright registration applications include:

• Authors

• Copyright owners

• Legally authorized representatives

This regulation clearly shows that the law does not require authors or copyright owners to file applications in person, but allows them to do so through authorized representatives. This is consistent with the reality that many individuals or organizations do not have the means to directly carry out administrative procedures.

In addition, according to Article 38 of Decree 17/2023/ND-CP, copyright registration applications can be filed by authorized representatives, provided that documents proving the right of representation are included.

When registering copyright on behalf of someone else, is a power of attorney required to be submitted with the application?

After determining that the registration is legal, the next important legal issue is what conditions the power of attorney must meet to be considered valid.

According to Article 38 of Decree 17/2023/ND-CP, in cases where the applicant is an authorized representative, the copyright registration application must include a power of attorney. This document serves as legal proof of the applicant’s right to represent the rights holder.

Legally, the power of attorney must clearly express the will of the rights holder and specifically define the scope of work that the authorized representative is permitted to perform. A valid power of attorney should typically include the following basic information:

• Information of the authorizing person: Including full name, address, identification number or legal information of the organization. This is the basis for identifying the entity with rights to the work.

• Authorized person’s information: The full name or name of the organization authorized to carry out the registration procedure must be clearly stated to accurately identify the representative.

• Specific scope of authorization: The authorization should clearly state the tasks to be performed, for example:

• Submitting copyright registration documents

• Amending or supplementing the documents

• Receiving the Copyright Registration Certificate

• Duration of authorization

• Valid signature or seal: For individuals, the signature of the authorizing person is required; for organizations, the signature of the legal representative and a seal (if applicable) are required.

Therefore, the power of attorney is not only an administrative procedure but also a legal basis for determining the right of representation. If the power of attorney is unclear or invalid, the registration documents may be rejected, or require amendment or supplementation.

Important notes when registering copyright on behalf of others

After verifying the legality of the registration and the required authorization, the following points should be noted to ensure a smooth registration and submission process:

Correctly identify the author and copyright owner:

According to current Intellectual Property Law, the author is the person who directly creates the work, while the copyright owner is the person who holds the property rights to the work. Incorrectly identifying this status may lead to the application being required to be amended or result in ownership disputes.

Carefully check information before submitting the application:

Information such as the author’s name, the copyright owner’s name, the completion date of the work, or the type of work should be carefully checked. Incorrect information can lead to the application being rejected or requiring multiple revisions.

Clearly define responsibilities between the authorizing party and the authorized party:

In many cases, registration is done through friends or service providers. Without clearly defined responsibilities and scope of work, misunderstandings or disputes may arise during the process.

Keep all relevant registration documents:

Documents such as power of attorney, application forms, copies of the work, and other papers must be kept in full. This is crucial evidence to prove the legality of the registration process in case of disputes.

The above is the article “Is it legal to register copyright on behalf of someone else?” that VCD has sent to you. We hope this article is helpful to you.

Sincerely,

FAQ

A beautiful design not only showcases creativity but is also a valuable business asset. However, in reality, many newly released designs are quickly copied, modified, and released to the market at an alarming rate. In such cases, the creator of the value is not the one who benefits. So how can you effectively and legally protect your designs? Below are 2 ways to register fashion copyrights you may not know

What is fashion copyright?

Fashion copyright is the legal right of an individual or organization to the designs they have created, including: clothing patterns, dresses, accessories, motifs, styles, etc. This is not only the right to be recognized as the author, but also the right to control the exploitation and use of that design in the market.

According to Vietnam’s Intellectual Property Law, fashion designs can be protected in two main forms:

• Copyright (as applied art works)

• Industrial property rights (as industrial designs)

This means that a fashion design is not only protected from a creative perspective, but can also be protected as a valuable commercial asset.

2 Ways to Register Fashion Copyright You May Not Know

Below are two important ways to register fashion copyright, suitable for different purposes.

Method 1: Registering Copyright for Fashion Designs

Registering copyright is the most common and accessible way to protect fashion designs, especially for individual designers, small brands, or designs with high artistic creativity.

According to the Copyright Office, fashion designs can be registered as applied art works. This includes design drawings, patterns, and forms shown on products such as dresses, shirts, handbags, etc.

Advantages:

• Fast processing time: Usually 10-15 business days

• Low cost: Suitable for individuals and startups

• Rights arise immediately upon creation: Rights are granted without registration, but registration makes it easier to prove ownership in case of disputes

Disadvantages:

• Only protects the form of expression (drawings, designs), not the commercial element

• Difficult to completely address sophisticated copying (minor modifications)

Required documents:

• Copyright registration application form

• Copy of the design (drawing or product photograph)

• Ownership declaration

• ID card/Citizen Identification Card or business license

When should you choose this method?

• You are an individual designer or freelancer.

• Your design is artistic and unique.

• You need quick protection to bring your product to market.

Option 2: Registering an industrial design for fashion designs

If you want to protect your design as a genuine commercial asset, then registering an industrial design is the optimal choice.

According to the Intellectual Property Office, an industrial design is the external appearance of a product expressed through lines, shapes, colors, etc., and capable of industrial application.

Advantages:

• Exclusive commercial exploitation: Almost completely prevents copying

• Long protection period: Up to 15 years

• High legal value: Easy to handle infringement and litigation

Disadvantages:

• Long processing time: 12–18 months

• Higher cost compared to copyright

• Requires the design to be novel, creative, and industrially applicable

Required documents:

• Industrial design registration application form

• Detailed set of photos/technical drawings (multiple angles)

• Design description

• Legal documents of the applicant

When should you choose this method?

• You are a fashion brand or business

• Products are mass-produced

• You want long-term protection and market exclusivity

Which method should you choose to protect your fashion design?

In reality, there is no single “absolutely best” option, only the one that best suits your goals.

• If you need quick, low-cost protection, choose copyright.

• If you need strong, long-term protection for business purposes, choose industrial design.

• If you have the resources, combining both is the optimal strategy for comprehensive protection.

Many large brands today apply both methods simultaneously: registering copyright to protect the original idea and registering industrial design to protect the product when it is launched on the market.

The above is an article titled “2 ways to register fashion copyrights you may not know.” Hopefully, you have gained a better understanding of the methods of protecting your designs and chosen the right approach for your goals.

Sincerely,

FAQ

Design copyright is not only a legal issue but also directly related to a designer’s income and reputation. When creative work is copied, you not only lose your rights but also your career development opportunities. So what should designers do to protect their design copyrights? This article from VCD will help you understand.

What is design copyright?

Design copyright is the legal right of an individual or organization to the creative product they have created. These products can exist in many different forms, such as:

• Graphic design (logos, posters, banners, brand identity sets, etc.)

• UI/UX design for websites and applications

• Fashion design

• Packaging and product label design

• Interior design

Regardless of the field, the common point of these designs is that they all contain creative elements and a clear personal touch, which is the basis for legal protection of copyright. According to Vietnam’s Intellectual Property Law, design products are classified as applied art works and are protected by copyright from the moment of creation, provided they are expressed in a tangible form (e.g., design files, prints, drawings, models, etc.). This means you don’t need to go through any registration procedures to automatically have rights to your “intellectual creation.”

However, it’s important to understand that automatically arising rights don’t guarantee absolute protection in practice. When disputes arise (e.g., logo copying, idea theft, unauthorized use of designs), proving the original author becomes crucial. If you lack clear evidence or a copyright registration certificate, protecting your rights can become complicated, time-consuming, and even disadvantageous.

Therefore, the statement “as long as you create the design, you have the right” is legally correct, but insufficient in practice. To fully protect their creative value, designers need to proactively take additional measures such as copyright registration, archiving original files, signing clear contracts, and controlling the use of their designs.

In other words, copyright is not just a right granted, but also a right that needs to be protected proactively and strategically.

What rights do designers have regarding design rights?

According to Vietnamese Intellectual Property Law, designers, as authors, are protected by law through two core groups of rights: moral rights and property rights. Understanding these two groups of rights not only helps you protect your “intellectual creation” but also opens up ways to legally and effectively exploit its commercial value.

Moral rights

These are rights linked to the designer’s identity and reputation, and are non-transferable (except in some special cases):

• The right to name the design work

• The right to use their real name or pseudonym on the product

• The right to publish or allow others to publish the design

• The right to protect the integrity of the work, preventing others from modifying, cutting, or distorting it in a way that affects their honor and reputation

In other words, these are the rights that help you maintain your “creative self” and personal imprint in all your products.

Property rights

Unlike personal rights, property rights are transferable, marketable, or commercially exploitable:

• The right to copy and distribute designs in various forms

• The right to display and communicate the work to the public (online or offline)

• The right to allow others to use the design (possibly for a fee)

• The right to transfer all or part of the ownership rights

This is the foundation that helps designers turn creativity into income, from selling designs and licensing to commercial collaborations.

In short, if personal rights help you gain recognition as a creator of value, property rights help you exploit that value for real economic benefit.

What should designers do to protect their design copyrights?

In reality, owning the rights is one thing, but maintaining and protecting those rights is a completely different story. Therefore, designers need to proactively apply multiple measures, both legal and technical, to minimize the risk of copying or disputes. Below are some ways designers can protect their design rights:

Proactively register copyright

Although not legally required, copyright registration is considered the strongest “shield.”

• Receiving agency: Copyright Office

• Basic documents include: Registration application form, copy of the design work, author’s declaration, and identification documents.

Having a certificate provides a clear legal basis in case of disputes, making it easier to request action against infringement and increasing commercial value when transferring or collaborating.

Add a watermark or personal signature

This is a simple but extremely useful way to share designs digitally:

• Insert a small logo or signature into the product

• Use a faint watermark on the preview

• Export the file in a format that is difficult to edit

This doesn’t completely prevent copying, but it’s enough to minimize the risk of original theft.

Preserve the entire creative process

Don’t just keep the final product, preserve the entire “journey” of its creation:

• Original design files (AI, PSD, Figma…)

• Edited versions

• Work history (timeline)

• Emails or messages exchanged with the client

This is living proof to help you prove authorship if a dispute arises.

Establish a clear contract with the client

One of the most common mistakes designers make is working without a contract. The contract should specifically stipulate:

• Who owns the copyright

• The scope and purpose of using the design

• The right to modify or further develop it

• The duration of use

• Transfer fees (if any)

Without these clauses, misunderstandings can easily occur, and you may lose control of the work.

Publicly publish the design on reputable platforms

Uploading your work to professional platforms such as Behance, Dribbble, your personal website, etc., not only helps build your personal brand but also has legal significance.

You can establish the time of publication of the work, create a public ownership record, and have additional evidence to support your rights protection when needed.

Establish licensing terms

Instead of “selling outright,” designers can completely control how others use the design through licenses for personal or commercial use, whether it is exclusive or not, and whether modifications or further development are permitted.

Advanced Protection Registration (Trademarks, Designs)

For designs with high commercial value such as logos, packaging, or products, you should consider higher-level protection:

• Register a trademark at the Vietnam Intellectual Property Office

• Or register an industrial design

This is a strategic step to prevent copying in the market, create a long-term competitive advantage, and comprehensively protect your brand.

The above is an article titled “What should designers do to protect their design copyrights?”. Equipping yourself with legal knowledge and proactively applying protection measures is something every designer should not overlook.

Sincerely,

FAQ