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Necessary notes when registering logo copyright

Necessary notes when registering logo copyright

Written by Editor VCD on . Posted in Copyright Registration, Fine art work and applied art work.

The logo is one of the first and most important elements to help customers identify businesses, goods, and services. Designing a beautiful, attractive logo is what businesses aim for, to leave their mark on the market. Some businesses are very successful in shaping their brand in the market, largely thanks to their logo image. Protecting logos is essential to avoid disputes and image plagiarism that affect businesses. Therefore, when registering a logo copyright, you need to keep in mind the points that will be shown in the article “Necessary notes when registering logo copyright” below.

1. Register logo copyright

Copyright is the right of an organization or individual, over the work they create or own. According to regulations, copyright arises from the moment a work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, or publication. published or unpublished, registered or unregistered.

    Logo copyright is a term commonly used in business in general and in branding activities in particular. Logo copyright is the state’s protection so that the user of that logo can use it exclusively and solely without any third party using the same or similar logo.

    Therefore, this protection will be approached in two forms: trademark protection and copyright protection. Corresponding to these two forms of protection: trademark or copyright, the procedures to register for protection are completely different, accordingly, the rights and benefits when the logo is protected are also very different, and the law in Vietnam as well as many countries in the world call it dual protection. Here, logo copyright registration is a legal procedure that helps business investors prove their legal ownership of logos and trademarks. The registration procedure will be conducted in many different steps, including looking up the possibility of trademark registration, filing an application, and monitoring the application appraisal process until receiving the registration certificate.

    2. Registration procedures

    The procedure for registering copyright protection for logos will follow the procedure for registering copyright for other works, including (1) Preparing documents; (2) Submit application; (3) Receiving documents; (4) Reviewing and classifying documents; (5) Return results.

    Specifically, you can read more in VCD’s article.

    Copyright registration for logos will be a type of copyright registration for applied artworks. According to the Intellectual Property Law and Decree No. 17/2023, a work of applied art is a work expressed by lines, colors, shapes, and layouts with useful features, which can be attached to useful objects, produced manually or industrially including Graphic design (a form of expression of logos, identifiers, and product packaging; a form of expression of characters); Fashion Design; Artistic design associated with product styling; Interior design, interior and exterior decoration with artistic features. Works of applied art are expressed in the form of artistic product designs that cannot be easily created by people with average knowledge in the respective field and do not include external designs. of the product is required to perform the product’s function.

    3. Necessary notes when registering logo copyright

    After the Intellectual Property Law was amended and supplemented on January 1, 2023, and on April 26, 2023, the Government issued Decree 17/2023 detailing several articles and measures to implement the law of Intellectual property on copyright and related rights. On June 2, 2023, the Ministry of Culture, Sports and Tourism also issued Circular 08/2023/TT-BVHTTDL regulating forms for copyright and related rights registration activities. Although there have been decrees and circulars guiding new regulations, however, in reality, when carrying out registration procedures, there will be many difficulties for applicants when preparing documents.

    One of the differences in the Registration Declaration under Decree 17/2023/ND-CP compared to the old regulations is that the author or owner of the work must provide more information about his or her work. Specifically, the logo description is as follows:

    • Link to the website address (in case of publication on the Internet)
    • Describe the lines, colors, shapes, layout, and useful features of the work: For regular letters, the arrangement order and specific font of the letters must be described. For specially designed letters, the person completing the declaration must specifically describe the design of that letter as a special symbol in the logo. For regular symbols, the shape, color, and location of the symbol must be accurately described. For specially designed symbols, the design of the symbol must be specifically described.
    • Tools and applications used to create works
    • What useful object (if any) is the work created to attach to it, whether it is produced manually or industrially?
    • Commitment to the creation of the work
    • …

    Preparing a dossier according to the new regulations of the Intellectual Property Law is not simple, requiring the person preparing the dossier to have specialized knowledge and practical experience to be able to ensure the dossier. Register smoothly and have a high possibility of being granted a Copyright Registration Certificate.

    Above is the article “Necessary notes when registering logo copyright”. Hope this article will help you.

    What tasks must an intermediary service provider do to protect copyright and related rights in the online environment by Vietnamese law?

    What tasks must an intermediary service provider do to protect copyright and related rights in the online environment by Vietnamese law?

    Written by Editor VCD on . Posted in Copyright Registration, Copyright-related rights.

    The law stipulates that intermediary service providers are responsible for implementing technical measures and coordinating with competent state agencies and rights holders to enforce copyright protection measures, related rights in the telecommunications network environment and the Internet. More specifically, What tasks must an intermediary service provider do to protect copyright and related rights in the online environment by Vietnamese law?

    According to Articles 111 and 112 of Decree 17/2023/ND-CP, businesses providing intermediary services must do the following to protect copyright and related rights in the online environment:

    Firstly, businesses providing intermediary services build tools to receive requests to remove or prevent access to digital information content that infringes copyright and related rights. The request-receiving tool is one of the following tools:

    • A computer program to receive requests;
    • Electronic information page to receive requests;
    • Email boxes to receive requests;
    • Electronic portal to receive requests;
    • Other request intake tools have similar functionality.

    Confirmation of successful request sending via the receiving tool is considered to mean that the intermediary service provider has received the request.

    Secondly, enterprises providing intermediary services must notify the contact point on copyright and related rights issues to the specialized state management agency on copyright and related rights of the Ministry of Culture, Sports and Tourism and published on its website. The contact point includes at least the following information: email address, and contact phone number.

    Thirdly, businesses providing intermediary services must warn service users about their legal responsibilities if they commit acts that infringe upon copyright or related rights and authenticate information when users Register a digital account; secure user information and accounts; Provide user information when receiving a written request from a competent state management agency to serve verification and handling of violations of law on copyright and related rights.

    Fourthly, businesses providing intermediary services providing the service of “storing digital information content on demand” (hosting) must remove or prevent access to digital information content when knowing the content. The content of that digital information violates copyright or related rights when receiving a request from a competent state agency or a request from the copyright or related rights holder.

    Enterprises providing intermediary services are responsible for publishing internal procedures for handling requests to remove or prevent access to digital information content that infringes copyright or related rights or requests to object to such removal. Temporarily remove or prevent access to digital information content on your service system.

    Fifthly, enterprises providing intermediary services must comply with the inspection and examination of competent state management agencies according to the provisions of the law on copyright and related rights.

    Sixthly, in the case of an enterprise providing intermediary services that exploit and use digital information content protected by copyright and related rights posted by its service users on the telecommunications network environment, and Internet for commercial purposes must fulfill the obligation to apply for permission and pay royalties according to the provisions of Clause 2, Article 20, Clause 4, Article 29, Clause 2, Article 30 or Clause 2, Article 31 of the Intellectual Property Law.

    Seventhly, enterprises providing intermediary services do not implement or incompletely implement regulations to be exempt from legal liability (as prescribed in Clause 3, Article 198b of the Intellectual Property Law) and do not comply with regulations on removing or preventing access to digital information content upon request, subject to joint liability for compensation for damages due to infringement of copyright and related rights of service users cause. On the other hand, enterprises providing intermediary services that directly commit acts of infringing upon copyright and related rights specified in Articles 28 and 35 of the Intellectual Property Law must bear the corresponding legal responsibilities according to the regulations of the Law.

    Above is the content of the article “What tasks must an intermediary service provider do to protect copyright and related rights in the online environment by Vietnamese law?”. Hope this article can help you.

    A few compatibility points of Vietnam’s intellectual property law with the Berne Convention for the protection of literary and artistic works

    Written by Editor VCD on . Posted in Copyright Registration, Fine art work and applied art work, Written works.

    The Berne Convention for the Protection of Literary and Artistic Works (also known as the Berne Convention) was signed in Berne (Switzerland) in 1886 and was the first convention in the world to establish and protect copyright between sovereign states. The Convention currently has over 180 countries as members, including Vietnam. As a member of the Convention, Vietnam has gradually researched and promulgated regulations on Intellectual Property that meet the content requirements set by this Convention for Member States. In this article, we will discuss some compatibility points in Vietnam’s Intellectual Property Law with the content of the Berne Convention.

    1. Basic content of the Berne Convention

    Firstly, the Convention stipulates the types of protected works that are relatively complete and comprehensive, with a comprehensive nature. Accordingly, the works are divided into the following 3 groups:

      • Original works in the fields of literature, science, and art regardless of form or mode of expression, such as books, pamphlets, and other writings, lectures, plays, music, graphics, architecture…
      • Derivative works as long as this work does not prejudice the copyright of the original work: For example, translations, imitations, etc.
      • Collections of literary and artistic works (anthologies, encyclopedias) if selected and arranged according to a certain content to create a creative work.

      The Convention also allows countries to have the right to provide protection or non-protection when the work has not been assigned a physical form and a separate protection method with legislative, executive, and judicial documents. The Convention does not protect daily news and trivial data of journalistic information because they are not the result of creative activities.

      Secondly, the Convention also stipulates conditions for protection. Accordingly, protected works will normally have to satisfy at least one of the following two criteria:

      • Author nationality criteria: The author must hold the nationality of one of the member countries of the Berne Union or have a permanent residence in one of the member countries of the Berne Union.
      • Criteria for the place of first publication of the work: The work must be published for the first time in one of the member countries of the Union or simultaneously in a country inside and outside the Union.

      Thirdly, the Convention stipulates protected rights including economic rights and moral rights. Property rights include the rights of translation, reproduction, adaptation, public performance, public narration, and public communication. Moral rights include the right to name the author and the right to object to any distortion, mutilation, or other infringing modification of the work that may harm the author’s honor and reputation.

      Fourthly, the Convention stipulates that the general term of copyright protection is throughout the author’s life and 50 years after the author’s death. In the case of co-authors, the term of protection will be calculated until 50 years after the death of the last co-author. For those member states of the Union bound by the Rome Statute of the Berne Convention which, at the time of their signature, the applicable national regulations provided for a shorter term of protection than that provided for in the Berne Convention, that country may maintain a shorter period when acceding to or ratifying this Act The Convention also reserves the right for each member state to stipulate a term of protection for literary and artistic works that may be longer than the term stated in the Convention but must not exceed the term of protection in that country. original work, unless otherwise specified in the country. The deadline is calculated from January 1 of the year following the death of the author or the event specified in the Berne Convention.

      2. Some compatibility points between Vietnam’s Intellectual Property Law and the Berne Convention

      Vietnam joined the Berne Convention on October 26, 2004. Soon after, Vietnam passed the Intellectual Property Law in 2005, which took effect in 2006. Vietnam has built a strict mechanism to protect copyright both domestically and internationally water Vietnam’s Intellectual Property Law has several points compatible with the Berne Convention as follows:

      • Regarding protection standards:

      The Berne Convention and Vietnam Intellectual Property Law both stipulate the protection of created works and must be expressed in a certain material form without protection in the form of ideas. Works are protected regardless of content, quality, form of expression, medium of transmission, and language.

      • About protected objects:

      All works in the fields of literature, art, and science are subject to protection as stipulated in the Berne Convention and Vietnam’s Intellectual Property Law. Protected objects can be: Textbooks, textbooks, lectures, literary works, architectural works, diagrams, music, cinema, theater… However, different from the Bern Convention There are no regulations on subjects that are not protected. Vietnam’s Intellectual Property Law has provisions in Article 15 on subjects that are not covered by copyright protection, including pure current news reporting; Legal documents, administrative documents, other documents in the judicial field, and official translations of such documents; processes, systems, operating methods, concepts, principles, and data.

      • About the time when copyright arises:

      Vietnam’s Intellectual Property Law follows the principle of automatic protection (also known as automatic protection) recognized in the Bern Convention. Accordingly, copyright arises as soon as the work is shaped into a certain physical form, regardless of copyright registration procedures and whether the work has been published or not.

      • Regarding limitations on copyright and related rights:

      The provisions of Vietnam’s Intellectual Property Law in Article 25, Article 25a, Article 26, Article 32, and Article 2 are completely consistent with the provisions of Article 10 and Article 10 (bis) of the Bern Convention.

      The Bern Convention permits citation from a work that is lawfully available to the public, provided that the citation is by good practice and does not exceed the purpose of the citation; permission to use works for illustration purposes for teaching; Allows reprinting in newspapers, broadcasting or online information of articles of current economic, political or religious nature that have been published in newspapers or magazines, or works that have been broadcast of similar nature to works where the author does not specifically hold copyright, provided that the origin of the work and the author’s name are clearly stated.

      Vietnam’s Intellectual Property Law has specified the regulations on copyright limitations in the Bern Convention in Article 25, Article 25 (a), and Article 26 by listing cases of use of published works that do not require permission license, do not have to pay royalties but must provide information about the author’s name and the origin of the work; non-infringement exceptions for people with disabilities; In cases of using published works, permission is not required, but royalties must be paid, and information about the author’s name and origin of the work must be provided.

      Regarding related rights, in Articles 32 and 33 of the Intellectual Property Law, the law lists cases of using published performances, audio recordings, video recordings, and broadcasts that do not ask for permission, do not have to pay royalties but must provide information about performances, audio recordings, video recordings, broadcasts and other cases of using published audio and video recordings that do not require permission but must be Pay royalties, must provide information about audio and video recordings. Therefore, it can be seen that Vietnamese law has absorbed the spirit recognized in the convention, developing more detailed regulations on the limitations of copyright and related rights without completely going beyond the scope of the convention the framework of the Bern Convention.

      • Regarding the enforcement of regulations on copyright and related rights:

      Vietnamese law currently applies three methods: civil sanctions, administrative sanctions, and criminal sanctions to ensure law enforcement, which are specifically stipulated in the Civil Code, Civil Procedure Code, Law on handling administrative violations, and Penal Code Specific measures include temporary emergency measures, compensation for damages, confiscation and destruction of evidence, control of counterfeit goods at the border, fines, and prison sentences.

      Meanwhile, according to the provisions of the Bern Convention, (i) a member state of the convention can confiscate imported copies of musical works without the author’s permission (Article 13); (ii) The Government of a Contracting State shall have the right to control the circulation, presentation, and exhibition of works using its legislative or executive powers which the provisions of this Convention may not derogate from. violate the above rights in any form (Article 17); and (iii) the Bern Convention also allows member states to establish greater protection than that provided by the Convention (Article 19). Therefore, the provisions on the enforcement of copyright and related rights of Vietnamese law do not conflict with the content of the Bern Convention.

      In general, the provisions of Vietnam’s Intellectual Property Law are consistent with the provisions of the Berne Convention. This demonstrates the inheritance and absorption of provisions of international law in the field of intellectual property in Vietnamese law.

      Above is the article “A few compatibility points of Vietnam’s intellectual property law with the Berne Convention for the protection of literary and artistic works”. We hope this article is useful to you.

      How to register copyright for published works

      How to register copyright for published works

      Written by Editor VCD on . Posted in Copyright Registration.

      Normally, when a work is created and shaped into a certain physical form, the author or owner will register for copyright protection to protect his or her rights and interests. However, not every author or owner will register copyright protection for their work immediately, but for some reason or an act of copyright infringement, they may register for copyright protection. Therefore, the question is: How are published works registered for copyright?

      1. What is a published work?

      According to Clause 7, Article 4 of the Intellectual Property Law, “A work is a creative product in the fields of literature, art, and science expressed in any medium or form”.

      Publication of works is a moral right and one of the important contents of copyright. The author (in case he is also the owner of the work) has the full right to publish, disseminate, or let others publish and disseminate his work. When publishing a work, the author also has the right to choose the form and type of art appropriate to that work. According to Clause 8, Article 3 of Decree 17/2023/ND-CP detailing several articles and measures to implement the Intellectual Property Law on copyright and related rights, “Publication of works and performances has been fixation, audio recording, or video recording means the release with the consent of the copyright owner or related rights owner of a copy of a fixed work, performance, audio recording, or video recording under any form in reasonable quantities sufficient for the public to access depending on the nature of the work, performance, audio recording, or video recording. A work of art or architectural work is considered published if the work is placed in a public place with the consent of the copyright owner for public access and can be copied.

      Therefore, it can be understood that a published work is the release of copies of the work to the public by the author or owner of the work, in a quantity sufficient to meet reasonable public demand depending on the nature of the work.

      2. Legal issues

      2.1. Can published works be copyrighted?

      According to Clause 1, Article 6 of the Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain physical form, regardless of content, quality, form, or method. medium, language, published or unpublished, registered or unregistered. Therefore, copyright registration is not mandatory, and immediately after completion of the work, even though copyright registration procedures have not been carried out, copyright still arises from that moment.

      In addition, the work here must be original, created by the author himself, not copied or imitated by other works, and be concretized in a certain material form that will be protected by copyright.

      Vietnamese law does not require that a created work be immediately registered for copyright because the work itself already has copyright from the moment it is created. Therefore, published or unpublished works, as long as they are shaped in a certain material form, will be registered for copyright. However, registration will prove and protect the rights and interests of the author and owner as follows:

      • Registering copyright protection will mean declaring legal ownership of the work, and avoiding other illegal profit-making activities. If others want to use or copy, they must have the owner’s consent.
      • A work, in addition to its spiritual value and accompanying commercial element, if such acts of copyright infringement continue to occur, is truly an injustice to the author who has used it. His gray matter creates works.
      • In reality, proving ownership when it has not been registered for protection is very difficult. Especially works that were created a long time ago. This is an important reason why copyright must be registered. Through copyright registration, a Registration Certificate will be issued, which is the most important document to prove the author and owner of the work.

      2.2. How to register a copyright for published works?

      Currently, the Intellectual Property law does not specifically regulate the steps to register copyright owners for published works but only regulates the registration of copyright owners for works. In general, according to Decree 17/2023/ND-CP detailing several articles and measures to implement the Intellectual Property Law on copyright and related rights dated April 26, 2023. The registration of copyright owners for published works will follow the procedures stated in Articles 38 and 39 of Decree 17/2023/ND-CP, and the registration dossier will include: including:

      • Copyright registration declaration (according to the corresponding form in Circular 08/2023/TT-BVHTTDL dated June 2, 2023, Circular stipulating forms for copyright and related rights registration activities).
      • Two copies of the copyrighted work: 01 copy kept at the Copyright Office and 01 copy stamped with the Registration Certificate number and returned to the subject to whom the Registration Certificate was issued.
      • Power of attorney or authorization contract, in case the authorizing party is an individual, the authorization document must be authenticated according to the provisions of law.
      • Documents proving the right to apply;
      • Written consent of the co-authors, if the work has co-authors;
      • Written consent of the co-owners, if the copyright is jointly owned.
      • Identity card or citizen identification card of the author or owner of the work;
      • Copy of the company’s Business Registration Certificate (if the owner is a company).
      • Other documents depending on each case.

      However, when registering the copyright owner for a published work, you need to pay attention to filling out the information in the Copyright Registration Declaration. Accordingly, for the registered works section, there will be two forms that need to be filled out: published and unpublished. For published works, the published section will be filled in. Here, the author and owner must fill in complete information about the date of publication, a form of publication (a form of issuing copies such as publishing, recording, video recording), place of publication in province and city, and which country providing accurate and complete information in this section will be the basis for Copyright Office experts to review and evaluate the work in the best way, to optimally ensure the rights and interests of the author and owner property.

      3. Conclusion

      More and more authors and owners are now registering copyright for their published works. Therefore, understanding the legal regulations is very necessary.

      Above is the article: “How to register a copyright for published works?“. I hope this article will help you.

      Copyright registration process in Vietnam

      Written by Editor VCD on . Posted in Copyright Registration.

      In today’s social life, copyright registration is increasingly important, especially when the situation of copyright infringement becomes more and more complicated. Therefore, it is very important to firmly grasp the process and necessary documents when registering copyright. Details will be shown in the article below.

      1. What is copyright registration?

      Copyright is the right of organizations and individuals to works they create or own (Clause 2, Article 4 of the Intellectual Property Law). Therefore, copyright (or copyright) is a type of intellectual property right granted to the author or copyright owner to control the copying, use, distribution, and presentation of their work. to protect the work from unauthorized copying or use.

        Therefore, it can be understood that copyright registration is the act of the author or copyright owner submitting documents to a competent state agency (Copyright Department) to record information about the author, work, or copyright owner.

        2. Basis for arising copyright and copyright registration conditions for the registered subject

        According to Clause 1, Article 6 of the Intellectual Property Law, copyright arises when a work is created and expressed in a certain physical form, regardless of content, quality, form, or medium. , language, published or unpublished, registered or unregistered. Vietnamese law only protects works when they are formed in a certain material form such as writing paper, etc., and must ensure that the work is the creative effort of the author, not copied or imitated by other works.

        According to the provisions from Article 37 to Article 42 of the Intellectual Property Law, copyright protection includes the person directly creating the work and the copyright owner:

        • Author, co-authors,
        • Organizations – individuals assign tasks to authors or enter into contracts with authors,
        • Heirs, transferees, State.

        Authors and copyright owners include Vietnamese organizations and individuals; Foreign organizations and individuals whose works are published for the first time in Vietnam but have not been published in any other country or are published simultaneously in Vietnam within thirty days from the date of the work that is published for the first time in another country; Foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties to which the Socialist Republic of Vietnam is a member.

        3. Copyright registration process

        3.1. Determine the type of work to be registered

        According to Clause 1, Article 14 of the Intellectual Property Law, there are regulations on types of works protected by copyright, including Literary and scientific works, textbooks, course books, and other works that appear in writing or other characters; Sermons, speeches and other talks; Journalistic works; Musical works; Theater works; Cinematographic works and works created by similar methods (hereinafter collectively referred to as cinematographic works); Works of fine arts and applied arts; Photographic works; Architectural works; Maps, diagrams, maps, drawings related to topography, architecture, scientific works; Literary and folk art works; Computer programs, data collection.

        Article 14 also stipulates that derivative works (Derivative works are works translated from one language to another, works of adaptation, transformation, compilation, annotation, selection) can only be protected under the provisions of point a if it does not prejudice the copyright of works used to make derivative works.

        In addition, literary, and scientific works, textbooks, course books, and other works expressed in the form of writing or other characters, and lectures, speeches, and other talks must be directly composed by the author. Create with your intellectual labor without copying from the works of others.

        3.2. Prepare documents

        To register the copyright owner of a work, the author needs to prepare the following documents and records:

        • Copyright registration declaration (according to the corresponding form in Circular 08/2023/TT-BVHTTDL dated June 2, 2023, Circular stipulating forms for copyright and related rights registration activities). The declaration must be made in Vietnamese and signed by the author, copyright owner, related rights owner, or person authorized to apply. The declaration must contain complete information about the applicant, author, copyright owner, or related rights owner. The declaration must contain a summary of the content of the work, performance, audio recording, video recording, or broadcast; author’s name, work used as a derivative work if the work is registered as a derivative work; time, place, and form of announcement; Commitment to responsibility for the information stated in the application.
        • Two copies of the copyrighted work:

        01 copy is kept at the Copyright Office and 01 copy is stamped with the Registration Certificate number and returned to the subject to whom the Registration Certificate was issued.

        For works with unique characteristics such as paintings, statues, monuments, reliefs, and monumental paintings associated with architectural works; works that are too large and bulky, copies of registered works are replaced by three-dimensional photographs.

        • For written works: 02 volumes on A4 paper with page numbers and author’s signature on each page or company seal;
        • For computer programs: 02 printed copies of source code + software interface on A4 paper + 02 CDs with source code content and interface on them;
        • For works of applied art: 02 copies printed on A4 paper of the work with the signature or stamp of the author or owner of the work;
        • For musical works: 02 printed copies of music + lyrics or audio recording (recording) in case of recording;
        • For architectural works: 02 drawings on A3 paper
        • Power of attorney or authorization contract, in case the authorizing party is an individual, the authorization document must be authenticated according to the provisions of law.
        • Documents proving the right to apply;
        • Written consent of the co-authors, if the work has co-authors;
        • Written consent of the co-owners, if the copyright is jointly owned.
        • Identity card or citizen identification card of the author or owner of the work;
        • Copy of the company’s Business Registration Certificate (if the owner is a company).

        All documents submitted with the copyright registration application must be made in Vietnamese; if made in a foreign language, they must be translated into Vietnamese and notarized or authenticated.

        3.3. Submit

        Currently, there are three ways to submit applications, including direct submission, submission by mail, and online submission, specifically as follows:

        • When submitting documents directly, the author or owner can submit them to the following addresses:
        • Copyright Office: No. 33 Alley 294/2 Kim Ma, Ba Dinh, Hanoi, City. Hanoi.
        • Representative office in the City. Ho Chi Minh: No. 170 Nguyen Dinh Chieu, Ward 6, District 3, City. Ho Chi Minh.
        • Representative office in the City. Da Nang: No. 58 Phan Chu Trinh, Hai Chau District, Da Nang city.
        • When submitting by mail, the author or owner can submit to the address: Copyright Office: No. 33 Alley 294/2 Kim Ma, Ba Dinh, Hanoi, City. Hanoi.
        • When submitting online, the author or owner can submit via the online service portal: http://dichvucong.gov.vn/

        3.4. Follow the Copyright Office’s response

        To submit an accurate and complete dossier to register the copyright owner of a work will often take quite a lot of time, requiring the author and owner to be careful in preparing the dossier. Dossiers during the submission process and after successful submission will be carefully appraised and reviewed by experts. In case the dossier is invalid, Copyright Office specialists will guide corrections via email or phone; If the application is valid, the author and owner will receive a receipt of the application.

        3.5. Get results

        After the dossier is evaluated and confirmed to be valid and complete, the Copyright Office will issue a registration certificate to the owner to record ownership rights for the owner. The time will usually last 02 months from the date of application submission, including 01 months to classify and review the validity of the application, in case the application is valid according to regulations, within 15 working days ( excluding Saturdays and Sundays), the competent State is responsible for issuing Copyright Registration Certificates and Related Rights Registration Certificates.

        4. Conclusion

        Depending on the type and relationships surrounding the work, the documents in the copyright registration application are different, for example, the work was created in Vietnam but the owner is a legal entity abroad. Therefore, to prepare a valid dossier, the author and owner must have knowledge and expertise, otherwise, they must authorize another organization or individual with experience to prepare and monitor the process and submit documents at the Copyright Office.

        Above is the article “Copyright registration process in Vietnam”. I hope this article will help you.

        Should copyright be protected without limitation of space and time?

        Should copyright be protected without limitation of space and time?

        Written by Editor VCD on . Posted in Copyright Registration.

        Every work from the moment it is created is automatically protected by copyright. However, is that work protected everywhere in the world, and is the protection period permanent or not? To answer this question, please read “Should copyright be protected without limitation of space and time?” our article.

        1. Copyright protection of space

        Copyright protection is not the same around the world, but the scope of protection for authors and owners depends on the laws of each country and is only calculated within the territory of that country. Each country has its copyright protection system. Creative works only enjoy copyright protection if they meet the legal standards set forth by the copyright laws of a given country.

        Copyright is not automatically valid in another country unless those countries join an international treaty on the protection of that right. This can be understood as meaning that a work protected in country A does not mean that it is protected in country B unless countries A and B have a general agreement on the issue of protection. support works in both countries. Then, the spatial scope in which ownership of that intellectual property is protected will be extended to all member states, for example, works born in a member state participating in the Convention. The Berne Convention on the protection of literary and artistic works is protected in other member states.

        On the other hand, even though there is an agreement or general agreement, copyright protection in countries participating in the agreement is not completely similar, for example, there are differences in the terms of protection, regulations on Penalties for violations, etc.

        2. Copyright protection over time

        Regarding the term of copyright protection, there are two forms of protection: indefinite and limited, divided into personal rights and property rights under copyright.

        In particular, the moral rights attached to the author are rights that are protected indefinitely, including Naming the work; Putting your real name or pseudonym on the work; being given your real name or pseudonym when the work is published or used; Protect the integrity of the work to prevent others from distorting it; Do not allow others to modify or mutilate the work in any form that harms the author’s honor and reputation.

        Copyright is a property right that is only protected for a certain period and is not protected permanently, such as the right to make derivative works, perform works, etc. In addition, the right to publish works or allowing others to publish works, although they are moral rights, are associated with economic benefits, so they are also protected for a limited time. During that time, authors enjoy exclusive rights to their works.

        For each different work, there will be different deadlines. Copyright is only valid during the protection period. After the term expires, the work belongs to the public and can be used freely, but the integrity of the work and the author’s name must be respected.

        Above is the article “Should copyright be protected without limitation of space and time?“. We hope this article is useful to you.

        Notice of recognition of the consulting organization, copyright, and related rights service

        Written by Editor VCD on . Posted in Announcement.

        ​Dear customers, partners, organizations, individuals,

        Vietnam Copyright Development Joint Stock Company (“VCD”) is a unit legally established and operating under the provisions of Vietnamese law. Regarding the recognition of the consulting organization, copyright, and related rights service, VCD is proud to announce the following:

        On November 28, 2023, VCD was recognized as a consulting organization, providing copyright and related rights services according to Certificate No. 28/2023/TCTVDV and recorded in the National Register of consulting organization, copyright, and related rights services.

        In the spirit of volunteerism, VCD carries out activities at the request of authors, copyright owners, and related rights owners, specifically in consulting; the representative conducts procedures for applying for registration of copyright and related rights and participates in other legal relations on copyright and related rights to protect the legitimate rights and interests of authors and related rights owners as authorized.

        VCD thanks our customers, partners, organizations, and individuals for your continued support and looks forward to receiving more cooperation from you for the common benefit, and for the common development of both sides.

        Best regards./.

        https://vietnamcopyright.com/wp-admin/
        What rights do authors who are not concurrently copyright holders have as prescribed by law?

        What rights do authors who are not concurrently copyright holders have as prescribed by law?

        Written by Editor VCD on . Posted in Copyright Registration.

        The author is usually the holder of copyright to the work, including moral rights and property rights. However, in certain cases such as through rights transfer contracts, creative contracts, etc., the author only holds moral rights and no longer holds property rights to the work. That property right belongs to another entity, called the copyright owner. Therefore, what rights does the author who is not the copyright owner have over the work? We would like to clarify through the article “What rights do authors who are not concurrently copyright holders have as prescribed by law?.

        1. Author and copyright owner

        According to the provisions of Article 12a of the Intellectual Property Law, the author is understood as the person who directly creates the work, in cases where two or more people directly create the work with the intention that their contributions are recognized as combined into a complete whole, those people are co-authors.

        A copyright owner is an individual or organization that holds one, several, or all of the property rights related to a recognized work, whether or not they directly create that product. Based on the relationship in the process of creating a work, copyright owners are divided into two types: copyright owners who are authors and copyright owners who are not authors.

        For the copyright owner who is the author, based on the provisions of Article 37 of the Intellectual Property Law, when the author uses his or her time, finances, and physical and technical facilities to create work, they will be identified as the copyright owner.

        In reality, there are some cases where the copyright owner is not also the author, specifically as follows:

        • Agencies or organizations assign tasks to authors to create works, including works created according to tasks and works created outside the framework of tasks;
        • Individuals and organizations enter into creative contracts with authors;
        • A person who inherits the copyright;
        • Person to whom rights are transferred;
        • Government;
        • General public.

        2. The author’s rights are not the same as the copyright owner

        2.1. The author’s rights are not the same as the copyright owner

        In case the author is not the copyright owner, the author only has moral rights that cannot be transferred, specifically as follows:

        • Receive royalties;
        • Receive remuneration for used works;
        • Receive an award for a work of which you are the author, unless the work is not protected by the State;
        • Name the work;
        • Put your name (real or pseudonym) on the work; be named when the work is published or used;
        • Protect the integrity of the work. Specifically, do not allow others to edit, mutilate, or distort the work in any form that harms the author’s honor and reputation.

        2.2. Limit the rights of authors who are not also copyright owners

        Depending on the agreement between the author and the copyright owner, the owner may have some or all property rights to the work. In case all rights to publish the work and property rights belong to the copyright owner, the author is not allowed/does not have the right to do or allow others to do:

        • Publish the work or allow others to publish the work;
        • Making derivative works;
        • Performing works in public;
        • Copying works;
        • Distributing or importing originals or copies of works;
        • Communicate works to the public by wire, wireless, electronic information networks, or any other technical means;
        • Rent originals or copies of cinematographic works and computer programs.

        3. What should an author who is not the copyright owner do when his or her copyright is infringed?

        When the author who is not also the copyright owner discovers that his or her work is infringed upon by copyright, the author can do the following to protect copyright:

        • Notify the current copyright owner and agree on an appropriate solution;
        • Notify and request the infringing party to immediately stop the act of infringing upon his or her rights;
        • File a lawsuit in Court;
        • Contact individuals/organizations providing legal services for advice on procedures, procedures, and solutions in case of rights infringement.

        Above is the article “What rights do authors who are not concurrently copyright holders have as prescribed by law?”. We hope this article is useful to you.

        ChatGPT and copyright issues

        Written by Editor VCD on . Posted in Copyright Registration.

        Since its launch, ChatGPT, a superintelligence with terrible power that can threaten the eradication of dozens of professions in the future, has been constantly making waves. However, besides its convenience, ChatGPT still raises many controversies surrounding copyright issues. Therefore, the article below will focus on pointing out the copyright issues of ChatGPT.

        1. What is ChatGPT?

        ChatGPT stands for Chat Generative Pre-training Transformer. This is an application launched by OpenAI Company in November 2022. ChatGPT is a model that uses AI technology to process language, capable of creating text. Similar to humans with only basic keywords. In simple terms, this tool processes natural language and can be used as a human-like chat assistant. A notable point is the conversational interaction and surprising feedback.

        The tool can even create new images and videos based on what it has learned from its huge database of e-books, online articles, and other articles. other vehicles. With that huge application potential, ChatGPT is considered one of Google’s formidable competitors. Many people even believe that ChatGPT will make many careers “out of the chicken coop” because of its intelligence and fast processing speed.

        And one of the effects that ChatGPT has is on the book publishing industry. According to a recent report, as of mid-February 2023, there were more than 200 e-books in the Kindle store that named ChatGPT as author or co-author. On the Amazon book library, there are also several items about books supported by ChatGPT or books written entirely by super AI. With what’s going on, AI is feared to have a major impact on the publishing industry.

        2. Legal issues raised

        2.1. Is content created by ChatGPT protected by copyright?

        Although it brings many benefits to users, ChatGPT still causes many concerns related to ethical issues such as the ability to spread fake news and assist bad guys in fraud… One of the aspects that are widely discussed by people is most interested in the copyright aspect of the works created by this tool.

        Firstly, regarding the issue of copyright for works created by ChatGPT, according to the copyright laws of most countries in the world, only works created by humans are protected by copyright. For example, the Copyright Act of the United States of America requires that for a work to be protected by copyright, it must be created by a human being, without the input of human creativity will not be protected by copyright. Vietnam is no exception when the Intellectual Property Law stipulates in Clause 1, Article 12a of Consolidated Document 11/VBHN – VPQH 2022, the Intellectual Property Law, which stipulates: “The author is the person who directly creates the work”.

        This is a reasonable regulation because to register a copyright for a work, you will have to go through many stages from making documents and submitting documents to monitoring the response of the Copyright Office or in Vietnam, the Copyright Office. Copyright, therefore, copyright registration by ChatGPT may face major obstacles.

        2.2. In case works created by ChatGPT are protected by copyright, who is the owner?

        In just 30 seconds, ChatGPT can completely create a short poem or a paragraph. So who will be the owner of poems or works created by ChatGPT? Currently, there are three different views as follows:

        • The first view is that ChatGPT is considered the owner for the following reasons:

        One of the things that makes ChatGPT more highly rated than other tools like Google Search is that ChatGPT synthesizes information from many different sources, and then creates an answer according to its understanding and equations, not relying on the user’s intelligence and knowledge.

        Furthermore, according to Clause 1, Article 13 of the Consolidated Document of the Intellectual Property Law, it is stipulated: “Organizations and individuals whose works are protected by copyright include those who directly create the works…” Therefore, ChatGPT is considered the copyright owner of the work they create.

        • The second view is that ChatGPT is not the owner for the following reasons:

        Firstly, Chat GPT provides answers after the user asks the question – it is not possible to proactively create works.

        Next, a civil transaction is established between the user and the platform (whether the user spends money or uses it for free) whereby the user is given ownership of the resources available on the system. ChatGPT data. Users here have the right to request ChatGPT to publish a work or answer any user’s questions. According to Clause 2, Article 39 of the Consolidation Document of the Intellectual Property Law: “Organizations and individuals that enter into contracts with authors who create works are the owners of the rights specified in Article 20 and Clause 3, Article 19 of this law”. Therefore, people who use ChatGPT to create works can be recognized as copyright owners.

        • The third view is that both ChatGPT and the user are identified as co-owners of copyright in the work created by ChatGPT.

        If ChatGPT is considered the author who created the work, then by being granted permission to use ChatGPT’s available functions, the user is the party that hired ChatGPT to create the work. Meanwhile, ChatGPT will have moral rights, including the right to name the work, take the author’s name when the work is published, and protect the integrity of the work created by ChatGPT itself; and users have property rights such as the right to perform the work in public, copy the work, distribute and rent the work.

        However, before determining who is the copyright owner of the works created by ChatGPT, it is necessary to consider another factor: ChatGPT’s “Terms of Service”. If these Terms of Service stipulate that Chat GPT or the unit creating this platform is the author and owner of the copyright of the work created by Chat GPT, then that person using this platform will not have the full rights of a copyright holder such as not having the right to edit, crop, perform, or distribute that work.

        3. Conclusion

        According to the traditional view, a created work usually takes a lot of effort and money and is the result of the author’s individual, or organization. Therefore, the law protects their rights and interests by granting these subjects copyright to recognize the author’s intelligence and labor, especially works of poetry, literature, or literary works performance products.

        However, society is increasingly developing, modern technology is increasingly innovative, and the birth of artificial superintelligence is a challenge to legal regulations in general and legal regulations on property intelligence in particular. Unlike humans who use their minds and shape works in a certain physical form to create works, ChatGPT gathers knowledge, and data and is pre-programmed in a technology platform to create a cool piece of work that only takes 3 seconds or less.

        Therefore, amending the Intellectual Property Law accordingly is necessary and practical for today’s practice.

        Above is the article “ChatGPT and copyright issues”. Hope this article will help you.

        What rights do the heirs of copyright have according to the law?

        What rights do the heirs of copyright have according to the law?

        Written by Editor VCD on . Posted in Copyright Registration.

        Copyright for a work is a type of intellectual property, including moral rights and property rights. According to Article 115 of the Civil Code 2015, property rights are rights that can be valued in money, including property rights to intellectual property rights, land use rights, and other property rights. Copyright can be transferred and become an inheritance, including property rights and certain moral rights. Because copyright is tied to the name and author himself, not all moral rights are transferred to the heirs. Therefore, what rights will the copyright heir inherit? In the following article “What rights do the heirs of copyright have according to the law?”, we will clarify.

        1. Copyright

        According to Clause 2, Article 4 of the Intellectual Property Law, copyright is the right of organizations and individuals to works they create or own. Copyright arises from the moment the work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, and father, registered or unregistered. According to Article 18 of the Intellectual Property Law, the copyright for works specified in the Intellectual Property Law includes personal rights and property rights.

        2. Heirs of copyright

        A copyright heir is a person who is entitled to the author’s property rights and part of the personal rights according to the law according to the line of inheritance allowed by the author through a will legally stipulated in the Civil Code 2015. Accordingly, beneficiaries of the right to inherit copyright are determined to be individuals and organizations. However, organizations can only inherit copyright in the form of a final will.

        3. Rights of copyright heirs

        Under Article 40 of the Intellectual Property Law, organizations and individuals that inherit copyright according to the provisions of the law on inheritance are the owners of the rights specified in Article 20 and Clause 3, Article 19 of the Intellectual Property Law. As the owner of copyright, the heir has the following rights:

        • Personal rights

        The copyright holder has the right to publish the work and to allow others to publish the work. The reason copyright heirs enjoy these moral rights is because these are moral rights but have economic value. The right to publish or allow others to publish a work is also directly related to the exploitation of economic benefits from the work and is a premise for the subject to be able to exercise property rights such as performing, copying, publishing copy, distributing, communicating… works. It is associated more with economic factors and assets than with personal factors, honor, and reputation of the individual. When organizations or individuals exploit and use this right, they must ask for permission and pay the copyright owner royalties, remunerations, and other material benefits. In this case is the copyright heir.

        • Property rights
          • Making derivative works, whereby derivative works are works translated from one language to another, works of adaptation, adaptation, translation, compilation, annotation, selection;
          • Performing the work to the public, specifically the copyright heir performing the work directly or through audio or video recording programs or any other technical means accessible to the public;
          • Copying works;
          • Distributing or importing originals or copies of works;
          • Communicate works to the public by wire, wireless, electronic information networks, or any other technical means;
          • Rent originals or copies of cinematographic works and computer programs.

        4. Ways to deal with heirs’ copyright infringement

        In case of copyright infringement, the heir who is the copyright owner can take the following measures:

        • When discovering that their rights have been violated, the heir needs to notify and warn the individual or organization that has infringed and request an immediate stop of the infringement.
        • In case the above solution cannot be resolved, the heir can sue the violating individual or organization to the Court according to civil proceedings.
        • Contact individuals/organizations providing legal services for support and advice on how to resolve the issue.

        Above is the article “What rights do the heirs of copyright have according to the law?“. We hope this article is useful to you.