Author: Editor VCD

Validity of Copyright Registration Certificate, Related Rights Registration Certificate in accordance with Vietnamese law

Written by Editor VCD on 18 August, 2023. Posted in Copyright Registration, Copyright-related rights.

Copyright and related rights have become increasingly important to creators as intellectual property has evolved in recent years. The author or owner’s rights might be quickly lost if he or she does not have full knowledge of the duration of protection for a copyright or related right. In this article, we will clarify the Vietnamese legal regulations concerning the validity of the Copyright Registration Certificate and Related Rights Registration Certificate.

1. Time limit for granting copyright registration certificates, related rights registration certificates

According to the provisions of Article 52 of the Intellectual Property Law, within 15 working days from the receipt of the valid application, the copyright authority shall grant the certificate of registered copyright or registered related rights to the applicant or notify the applicant in writing in case the application is rejected.

2. Regulations on the validity of copyright registration certificates, related rights registration certificates

Spatial effect

According to the provisions of Section 53 of the Intellectual Property Law and Section 41 of Decree No. 22/2018/ND-CP, the Copyright Registration Certificate and Related Rights Registration Certificate shall be valid throughout the entire territory of Vietnam.

Any copyright registration certificates and related rights registration certificates which were granted by the State administrative body for copyright and related rights before the effective date of this Law shall continue to be valid. Various kinds of copyright registration certificates and related rights registration certificates granted by the Copyright Protection Firm of Vietnam, the Copyright Protection Agency of Vietnam, the Literature – Art Copyright Office or the Copyright Office of Vietnam shall continue to be valid.

Effect of time

Vietnam grants different terms of protection for different types of works, and the term of protection also differs between moral rights and property rights.

Moral rights include Name the work; Have their real names or pseudonyms attached to their works; Have their real names or pseudonyms announced when their works are published or used; Protect the integrity of their works; and forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author is protected indefinitely.

Moral rights (Publish or permit other persons to publish their works) and property rights have the following term of protection:

Content 1: Cinematographic works, photographic works, works of applied art and anonymous works have a term of protection of seventy-five years from the date of first publication. For cinematographic works, photographic works, and works of applied art that remain unpublished within twenty-five years from the date of fixation, the term of protection is one hundred years from the date of fixation. For anonymous works, when information on their authors is published, the term of protection will be calculated according to Content 2.

Content 2: A work not specified in Content 1 is protected for the whole life of the author and for fifty years after his/her death. For a work under joint authorship, the term of protection expires in the fiftieth year after the death of the last surviving co-author.

The term of protection specified in Content 1 and Content 2 expires at 24:00 o’clock on December 31 of the year of expiration of the copyright protection term.

3. Legal services to support copyright protection of Vietnam Copyright Development Joint Stock Company

With a team of experienced legal experts, VCD confidently assists Clients in resolving issues related to copyright protection. With the principle of always protecting Clients’ legal rights and interests, VCD strives to provide the most prompt and effective work implementation. Besides, VCD regularly reports the progress and provides the next action plan so that Clients can easily monitor and evaluate the work results. Clients can completely trust our legal services to protect the copyright.

Above is the article “Validity of Copyright Registration Certificate, Related Rights Registration Certificate in accordance with Vietnamese law”. We hope this article was useful to you.

Legal provisions on copyright and related rights transfer contracts

Written by Editor VCD on 18 August, 2023. Posted in Copyright Registration.

Currently, the transfer of copyright and related rights between individuals and organizations is very common. Copyright and copyright – related rights are subject to protection under the provisions of the Intellectual Property Law. Therefore, in order to use and protect these rights, it is necessary to obtain the permission of the right holder through the transfer of the right to use copyright and related rights. Current law also has specific provisions on copyright and related rights transfer contracts as follows:

1. Overview of copyright and related rights transfer contracts

Section 4 (2) of the Intellectual Property Law 2005 (amended and supplemented in 2009, 2019, Intellectual Property Law for short) stipulates that copyright is “the right of an organization or individual to a work created by themselves”. According to Section 4 (3) of the Intellectual Property Law, copyright-related rights (related rights) are “the rights of organizations and individuals to performances, phonograms, video recordings, broadcasts, coded program-carrying satellite signals”.

Accordingly, the owner of copyright and related rights is the person who enjoys the moral and property rights as prescribed by law. The owner may use by himself or let others use it; they also have the right to dispose of and transfer ownership of such copyright and related rights to others. Owners may dispose of certain rights in their possession by giving up, inheriting or transferring those rights to others through a contract.

Section 45 (1) of the Law on Intellectual Property generally provides for the assignment of copyright and related rights as follows: “The assignment of copyright and related rights is the act of copyright or related rights holders. transfer ownership of the rights specified in Section 19 (3), Section 20, Section 29 (3), Section 30 and Section 31 of this Law to other organizations or individuals under a contract or as prescribed by law. related”.

Thus, it can be understood that a contract for the assignment of copyright and related rights is a document expressing the agreement and unification of the will of the assignor and the assignee. Accordingly, the assignor being the owner of copyright or related rights transfers the ownership of one or several of his/her personal rights and property rights to the assignee being an individual or organization in the form of: scope, duration … are determined by the two parties in the contract.

2. Legal characteristics of copyright and related rights assignment contracts

The contract for the right to franchise copyright and related rights is a special civil contract. In addition to the characteristics of civil contracts such as nature of many legal cases, consent; With or without compensation, a copyright assignment contract also has the following specific characteristics:

– The contract for the assignment of copyright and related rights has the subject matter of personal rights and property rights. If the object of a civil contract can only be property or work, the object of a contract for the assignment of copyright and related rights also has the subject of moral rights. Usually, this moral right is a moral right attached to property and is transferable under the law. However, moral rights are a very limited subject and only certain moral rights prescribed by law can become the subject of this contract.

– The contract for the transfer of related rights is a contract for the transfer of ownership: Because the subject matter of the contract is intangible powers, the “transfer” here represents the transfer of property rights legal. The assignee will acquire ownership of the subject matter of the contract from one of the following three times: (1) the effective date of the contract; (2) the time when the parties agree otherwise; (3) other provisions of the law. Also from the time of such assignment, the assignor shall cease to be the owner of the transferred rights. Therefore, after the assignment, the assignor has no right to use and dispose of those rights.

3. Contents of contract for assignment of copyright and related rights

Section 46 of the Law on Intellectual Property, the contract on assignment of copyright and related rights is as follows:

1. A contract for assignment of copyright and related rights must be made in writing, including the following principal contents:

a) Full name and address of the assignor and assignee;

b) Grounds for the transfer;

c) Price, payment method;

d) Rights and obligations of the parties;

dd) Liability for breach of contract.

2. The performance, modification, termination or cancellation of contracts on assignment of copyrights and related rights shall comply with the provisions of the Civil Code.

The contract for the assignment of copyright and related rights also has the characteristics of a civil contract, including names and addresses of two parties; transfer grounds; prices, payment methods; rights and obligations of the parties and responsibilities when breach of contract occurs. Therefore, the performance, modification, termination and cancellation of the contract on assignment of copyright and related rights shall be applied in accordance with the provisions of the Civil Code. It should be noted that the price of art in general and the value of works in particular cannot be quantified as material, but depends on subjective and objective factors, the ability to perceive and evaluate the parties… to provide a reasonable figure in the contract.

In addition, the Intellectual Property Law also has a new provision on the case of works, performances, phonograms, video recordings and broadcasts with co-owners, “the transfer must be subject to the agreement of the all co-owners; In case there is a co-owner, but the work, performance, phonogram, video recording or broadcast has separate parts that can be separated for independent use, the copyright owner, the related rights holders have the right to assign their respective copyrights and related rights to other organizations and individuals” (Section 45 (3)). In addition, in case an organization or individual is managing anonymous works, they are still entitled to transfer the rights to anonymous works to other organizations and individuals and receive remuneration from such right assignment. However, organizations and individuals that receive this right are only entitled to the rights of the owner until the identity of the author is identified.

Above is the article: “Law on transfer of copyright and related rights contracts”. Hope the article will be helpful to you.

What conditions must a performance show to be protected?

Written by Editor VCD on 17 August, 2023. Posted in Copyright-related rights, Performance.

A work can be disseminated to the public in many different ways. However, in order for that work of art to be widely known to the public, it needs to be shown on popular music programs and platforms. A performance, in addition to the author’s composition, the performer must present that work on programs and social platforms with the support of phonogram and video recording producers and broadcasting organizations. What conditions must a performance show to be protected?

1. Performance definition

Art is a series of actions, characteristic of people and the products created by those activities. Performing arts activities are activities of creating artistic products shaped in the form of texts, sounds, images to communicate directly or indirectly through technical means to the public. This activity is expressed in the form of art performance, circulation of phonograms and video recordings with artistic performance content. Section 2 (3) of Decree 144/2020/ND-CP stipulating performance activities with the explanation “types of performing arts include theater art, music, dance and other forms of folk performances from traditional to modern of Vietnam and the world”.

According to Section 4 (3) of Intellectual Property Law 2005 (amended and supplemented in 2009, 2019, referred to as the Intellectual Property Law for short), rights related to copyright (hereinafter referred to as related rights) means the rights of organizations and individuals to encrypted performances, phonograms, video recordings, broadcasts, and program-carrying satellite signals. Thus, the performance is understood as theatrical art, music, dance and other forms of folk performance; communicated directly or indirectly through technical means to reach the public.

2. Conditions for a performance to be protected according to the law

However, not all performances are protected by the Law on Intellectual Property of Vietnam in particular and the law of Vietnam in general. Section 17 (1) Intellectual Property Law, in order for a performance to be protected, the following conditions must be met:

1. A performance is protected if it falls into one of the following cases:

a) Performances performed by Vietnamese citizens in Vietnam or abroad;

b) Performances performed by foreigners in Vietnam;

c) Performances fixed on phonograms or video recordings are protected under Section 30 of this Law;

d) Performances that have not been fixed on phonograms or video recordings that have been broadcast are protected under Section 31 of this Law;

dd) Performances protected under international treaties to which the Socialist Republic of Vietnam is a signatory.

According to the principle of territorial validity of copyright, the place where the performance is performed is also one of the conditions for the protection of the performance. The laws of each country generally only protect performances by their own nationals, performances performed within their national territory and other circumstances subject to bilateral or multilateral agreements on the relevant matter to which the State is a party or a signatory. In addition to the principles specified in international treaties such as the principle of citizen treatment, the principle of most-favored nation treatment (TRIPS Agreement), Section 17 (1) of the Law on Intellectual Property of Vietnam stipulates with Performances where the performers are Vietnamese citizens, whether performed in Vietnam or abroad, are protected by Vietnamese law. In addition, performances performed by foreigners in Vietnam are also protected under Vietnamese law and in a number of other specific cases as prescribed by law.

In addition, this performance must be guaranteed to be performed for the first time or fixed for the first time (conditions of form or performance). Related rights to the performance arise from the time the performance is fixed or performed without prejudice to the copyright.

According to Section 2 (c) of the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty (hereinafter referred to as the WPPT Treaty) to which Vietnam is a member, there is a fixed definition “as the expression of sounds sound, or this representation, from which sounds may be perceived, reproduced, or communicated through a device.” In Section 4 (5) of Decree No. 100/2006/ND-CP dated September 21, 2006 of the Government detailing and guiding a number of articles of the Civil Code and the Intellectual Property Law on copyright, related rights, fixation is understood as: “expression in writing, other characters, lines, shapes, layouts, colors, sounds, images or representations of sounds or images under definite physical form from which it can be recognized, reproduced or communicated”. Therefore, it can be understood that the performance through the performer’s own creative activity or a combination of a number of relevant elements such as color, composition, lines, shapes, sound to create a performance. In performance activities, the creativity of performers is an important factor to form their image, one of the important personal rights that the law protects for performers.

Thus, in addition to the legal basis specified in Section 17 (1) of the Intellectual Property Law, the performance must be fixed for the first time, expressing the creativity of the performer and not causing damage to the copyright. Then, the performance will be protected by related rights to the fullest extent.

Above is the article “What conditions must a performance show to be protected?” Hope the article is useful to you.

Why is purely news reporting not covered by copyright protection?

Written by Editor VCD on 15 August, 2023. Posted in Copyright exploitation cooperation services, Copyright-related rights.

With the continuous development of society and the changes of the world, updating news quickly and accurately is a very important task for agencies under the Ministry of Information and Communications. Therefore, from the perspective of the law in general and the Intellectual Property Law in particular, a question arises: Why is purely news reporting not covered by copyright protection?

1. What is copyright?

Before answering the above question, it must be understood that copyright “is the right of an organization or individual to a work created or owned by them” (Section 4 (2) Intellectual Property Law 2005, edit amended and supplemented in 2009 and 2023, hereinafter referred to as the Law on Intellectual Property). An artwork “is a creative product in the fields of literature, art and science expressed by any means or form” according to Section 4 (7) Intellectual Property Law.

Creativity is understood as that work is created by the author with his intellect and emotions and is expressed in a certain form such as stories, poems, cinematic works… regardless of content, quality, form, means, language, published or unpublished, registered or unregistered, and the State guarantees the individual’s creative freedom within the framework of the law. In addition, the author fully has the right to dispose of his rights obtained from the work and is protected when there is an infringement of copyright by a competent State agency.

2. Grounds for becoming the subject of copyright protection

Copyright is protected when the work is creative (originality) and the form of expression of the work (formality). The originality is expressed in that the work must be the result of one’s own intellectual creation, not copied from another’s work, expressing the author’s own. The formability is expressed by the method of expressing that work in writing, characters, lines, shapes, layout… Therefore, the Intellectual Property Law has regulated the types of works that are protected by rights. authors in Section 14, including:

(1) Literary and scientific works, textbooks, and other works expressed in writing or other characters;

(2) Lectures, speeches and other speeches;

(3) Press works;

(4) Musical works;

(5) Theatrical works;

(6) Cinematographic works and works created by a similar method (hereinafter collectively referred to as cinematographic works);

(7) Works of fine art and applied art;

(8) Photographic works;

(9) Architectural works;

(10) Maps, diagrams, maps, drawings related to topography, architecture, scientific works;

(11) Literary and folk art works;

(12) Computer programs, data collection.

3. Explain why purely news reporting is not covered by copyright protection

Based on Section 19 (1) of Decree No. 22/2018/ND-CP detailing a number of articles and measures to implement the Intellectual Property Law 2005 and the Law amending and supplementing a number of articles of the Intellectual Property Law 2009 about copyright and related rights, “The pure news of news as provided for in Section 15 (1) of the Intellectual Property Law is daily short press information, which is for reporting purposes only. Be creative.”

It can be understood that these are “current” news, which need to be delivered to the public as quickly as possible, just bulletins, figures, reflecting objective facts such as: epidemics, natural disasters. Accidents, events taking place at home and abroad… are collected, synthesized and honestly reflect objective things and events, which are not the expression of creativity, or any distinctive features. that of an individual, or a certain subject. Therefore, purely news reporting is not within the scope of copyright protection, as provided for in Section 15 (1) of the Intellectual Property Law.

Reposting current news will not require written permission, but it is necessary to cite specific sources, both to ensure the accuracy of information, and to show respect for the author. However, if the re-posting of this information is inaccurate compared to the original information, affecting the reputation and causing damage to the author, the author has the right to claim compensation.

During the news reporting process, if any additional feelings, evaluations, comments are added to express their views and thoughts, express their creativity and a different perspective on that current news and can be present in certain physical form or by any means, such news coverage may be protected.

Above is the article ” Why purely news reporting is not covered by copyright protection?“. Hope the article is useful to you.

Are cooking recipes protected by copyright?

Written by Editor VCD on 11 July, 2023. Posted in Copyright Registration.

Culinary art is developing more and more, and chefs have constantly created, and invested in research to produce new, unique, and highly commercial recipes. Food brands or restaurants have their special recipes that play a significant role in determining the success of that restaurant. So, Are cooking recipes protected by copyright?

1. What are recipes?

Recipes are understood as instructions on how to prepare a certain dish. Recipes include the name of the dish, the time of execution, the ingredients and the number, the ratio of them, the equipment needed, the steps taken, and the processing methods from preliminary processing to cooking and presentation.

2. Are recipes protected by copyright?

According to the Law on Intellectual Property of Vietnam, the subjects of copyright protection literary, artistic, and scientific works (according to Article 14 of the Law on Intellectual Property), including:

Literary, scientific works, textbooks, teaching courses, and other works expressed in written form or other characters;

Lectures, addresses, and other sermons;

Pressworks;

Musical works;

Theatrical works;

Cinematographic works and works created by a process analogous to cinematography (below collectively referred to as cinematographic works);

Fine artworks and applied artworks;

Photographic works;

Architectural works;

Sketches, plans, maps, and drawings related to topography, architecture, or scientific works;

Folklore and folk artworks of folk culture;

Computer programs and data compilations.

Recipes are not one of the works protected by copyright stated in the Law on Intellectual Property of Vietnam. Although cooking is also new and innovative, its essence is a process and method of implementation. Under Article 15 of the Law on Intellectual Property, the process or method of operation is not protected by copyright. Therefore, recipes not fixed in a certain material form are not protected by copyright.

However, when a recipe is fixed in written form, the text is protected by copyright in the form of another work or cooking instruction textbook and protected as a literary work. The creator of the recipe can write a recipe with a description of the implementation process and the whole range of methods and ways of creating the dish. The person writing the recipe is the author and has full moral and property rights to the work. For example, if a recipe is printed in a book, or presented in an article or magazine, the recipe text is protected by copyright.

The registration of recipe protection in the form of copyright protection prevents other individuals or organizations from modifying, copying, distributing, communicating works to the public, renting, or making derivative works for recipes in written form. However, copyright protection is not absolute if the creator of the formula wants to keep the formula secret. Because copyright only protects the form of expression and does not apply to the content and ideas of the work, others are completely entitled to access, read the recipe, and make the dish as instructed.

If the creator of the recipe intends to share or wishes to achieve economic benefits through the sale of recipes in the form of documents or books, the registration of copyright protection as above is entirely reasonable. When the creator wants to keep the recipe completely confidential for business purposes, the formula must be guaranteed not to be disclosed and not easily accessible to be protected as a trade secret.

So, recipes can be completely protected by copyright. However, the choice to protect a recipe in what form depends on the purpose and wishes of its creator.

Here is the article “Are cooking recipes protected by Copyright?“. We hope this article was helpful to you.

Best regards.

World intellectual property day of 2023

Written by Editor VCD on 26 April, 2023. Posted in Copyright Registration.

To honor the role of intellectual property (IP) in socio-economic life and raise public awareness about IP, the World Intellectual Property Organization (WIPO) has chosen April 26 every year as “World Intellectual Property Day”.

Through many historical milestones, women have gradually asserted their position. With ingenuity and creativity, women have been reshaping our world. With their confidence and knowledge, women are driving scientific breakthroughs; setting innovative trends, and creating new businesses.

Everyone, everywhere, can use intellectual property protection to protect their technology, brands, and creativity. In particular, women account for nearly half of the global population, which carries great potential and is a human resource directly involved in innovation. Through World Intellectual Property Day 2023, WIPO sends a message of support for women’s creativity, with the desire for women to participate in innovation and creativity more. Simultaneously, WIPO also wishes to contribute to creating a better creative environment for women, encouraging women to create and exploit and effectively use intellectual property protection tools. As women increase their participation in innovation, creativity, and entrepreneurship alongside new ideas and perspectives, we all benefit.

Therefore, we need to encourage more women to participate in the development of intellectual property, so that they have the opportunity to express their talents as well as bring new perspectives to the development of science – technology, economy, and society today.

In 2023, WIPO announced the theme of World Intellectual Property Day as “Women with Intellectual Property – Accelerating Innovation and Creativity“. The message of this year’s Intellectual Property Day highlights women’s creativity and encourages women to explore and effectively use intellectual property tools.

World Intellectual Property Day 2023 is an occasion to celebrate all talented women around the world. Let’s work towards gender equality in intellectual property activities and unleash the ingenuity and creativity of women and girls everywhere. Together, we can build a better future.

Announcement of holiday 30/4 -01/05

Written by Editor VCD on 24 April, 2023. Posted in Copyright Registration.

➤ The holiday period is from January 29, 2023 (Saturday) to the end of May 3, 2023 (Wednesday)

➤ Time to return to work: May 4, 2023 (Thursday)

For more information, customers, partners, and associates, please contact Hotline: 0856100294 for support.

Best regards!

The copyright exploitation cooperation service

Written by Editor VCD on 12 April, 2023. Posted in Copyright exploitation cooperation services.

Copyright protection is crucial when presenting a work of art, music, or another cultural product to ensure that the artist is acknowledged and shielded against unlawful use or duplication. Copyright management and oversight, however, is a difficult task that calls for professionalism and expertise. Cooperative copyright services were created as a result to assist authors in managing and protecting their rights.

Copyright protection has been prioritized and considered a problem in Vietnam. Copyright is protected by law, including the Law on Intellectual Property and Government Decree No. 22/2018/ND-CP, which outlines and directs the execution of several Law on Intellectual Property articles. However, there are still many challenges associated with the application and implementation of these regulations, particularly for those who are new to the sector.

Cooperative copyright exploitation services have been made available in Vietnam to assist authors in efficiently protecting and managing their rights. This business offers expert and all-inclusive copyright protection solutions, from registering copyright for new works to monitoring and safeguarding registered copyrights.

The service offers information and direction on authorship and the procedures required to register the copyright for their works to newcomers in the industry. Additionally, the program helps authors manage their works and create author profiles.

The service provides the best options for copyright protection for seasoned authors. This includes checking for and identifying copyright violations, engaging with stakeholders to settle copyright-related disagreements, and taking legal action to safeguard copyright.

The Copyright Exploitation Cooperation Service will, in general, become a well-liked and advantageous method for managing and safeguarding the copyrights of writers and companies in Vietnam. Leading a group of capable leaders and a group of experts, VCD is dedicated to offering clients professional copyright exploitation cooperation services, assisting clients in preserving and collecting the benefits that authors and copyright owners enjoy, and offering legal support in cases of copyright disputes or copyright infringement.

With the guiding principle of “Transparency – Efficiency – Pioneering” VCD is committed to becoming a trustworthy partner for Vietnamese authors and copyright owners.

Some points to be aware of on copyright protection for computer programs

Written by Editor VCD on 11 April, 2023. Posted in Computer program and data compilation.

Computer programs are subject to copyright protection under Vietnamese law. However, the protection of copyright as a literary work for computer programs under Vietnamese law still has certain limitations and challenges, not achieving optimal protection efficiency. To better understand the limitations of copyright protection for computer programs, please give Some points to be aware of on copyright protection for computer programs

1. The integrity of computer programs

Clause 4, Article 19 of the Law on Intellectual Property of Vietnam stipulates: “The right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author“. In order to explain more clearly the above provisions, Clause 3, Article 20 of Decree No. 22/2018/NĐ-CP stated: “The right to protect the integrity of the work, not allow others to repair or mutilate the work specified in Clause 4, Article 19 of the Law on Intellectual Property is not allowing others to repair, trimming the work or repairing or upgrading computer programs unless agreed by the author.” Although the above provision helps to ensure the right to protect the integrity of the work in general, for computer programs, the application of this regulation does not achieve the desired effect for the reasons below.

The computer program can be regularly updated. Unlike other copyrighted objects, computer programs are widely applied in the production and working process of humans, so they are regularly improved and upgraded with short cycles, within a few months or once a year. Besides, as usual, computer programs are created by groups of programmers, the number of which can range from a few people to hundreds of people. In the process of building and creating computer programs and updating new versions of computer programs, the people who directly repair, change, and create the functions of computer programs may change, not the original ones. At that time, if you want to change and upgrade the program, the copyright owner must get the consent of all co-authors, causing a lot of problems and trouble.

It can be seen that, in the event that the author (programmer) is not simultaneously the copyright owner (computer program producer), the copyright owner will be restricted from the freedom to change, improve, and upgrade the computer program to market. Authors can use the right to protect the integrity of the work to prevent copyright holders from upgrading computer programs and prevent other micro-programmers from joining to perform the work of editing and improving computer programs. Meanwhile, usually programmers work under an employment contract with a computer program manufacturer, changing people to edit and upgrade programs is a change of course. In fact, in the current era of rapidly changing technology, this regulation has deprived copyright owners of the initiative and pioneering advantage in the market.

The right to protect the integrity of works is a moral right and cannot be transferred, however, for the technical characteristics of computer programs, the above provisions of Vietnamese law have not yet achieved reasonableness and practical effectiveness.

2. Content and data associated with computer programs are not protected along with computer programs

Computer program content and data will not be automatically protected simultaneously with computer program protection. In the case of data-protected computer programs, such as image editing platforms that have available illustrations or vignettes, illustrations to add to the user’s images, or reading platforms that contain written or audiobook text, … then only the computer program itself is protected (source code or machine code) without including the accompanying data.

Thus, in case the author or copyright owner wishes to protect computer programs with data content, in addition to registering for the protection of computer programs, authors and copyright owners need to register the copyright for the content and accompanying data in an appropriate form.

3. Duration of copyright protection for computer programs

The duration of protection of computer programs is not specified separately but in the general provisions of Point b, Clause 2, Article 27 of the Law on Intellectual Property. Accordingly, computer programs have a protection period of the author’s lifetime and fifty years following the year the author dies; in the case of a co-authored work, the protection period ends in the fiftieth year after the last co-author’s death.

Considering the rapidly changing practical situation of information technology, the provision of the above protection period for computer programs is too long, and unrealistic compared to the life cycle of computer program products. This regulation can be a barrier to creativity, limiting the competition for technology products.

4. Scope of copyright protection for computer programs

Currently, Vietnamese law provides for the protection of computer programs in the form of source and machine code. This regulation is highly general, but there are no more detailed and specific regulations on the protection of elements inside a computer program, specifically the structure of the program. Although during the construction process, the structure may also change, there are parts of the program that reflect the creative thinking as well as the habits of use, bearing the author’s own imprint, such as organization, layout, command menu, interface, … In addition, Vietnamese law does not have the classification of computer programs into categories with different functions and objectives such as operating systems, programming software, and application software.

Above is the content of the article “Some points to be aware of on copyright protection for computer programs”. Copyright Vietnam hopes this article is useful to readers.

Best regards.

Copyright protection for computer programs

Written by Editor VCD on 7 April, 2023. Posted in Computer program and data compilation, Copyright Registration.

Information technology is changing people’s lives day to day, from hour to hour. In the development trend of the world in technology, software products, and computer programs are increasingly made to meet the needs of production and life. Computer software has the characteristics of being accessible, popular, and easy to copy, so how is the copyright protection of computer programs done? We would like to provide information on copyright protection for computer programs in Vietnam for readers through the article below.

1. What is a computer program and how is it protected?

Regarding the definition of computer programs, Clause 1, Article 22 of the Intellectual Property Law stipulates:

“A computer program is a set of instructions expressed in the form of commands, code, schemas, or other forms, which, when incorporated in an instrument or a device operated by a computer programming language, is capable of making the computer or device perform a job or achieve a particular result. Computer programs are protected as literary works, whether expressed in source code or machine code.”

The computer program is a type of work protected by copyright, recognized in Point g, Clause 1, Article 14 of the Intellectual Property Law. In Vietnam, computer programs are protected as literary works without being protected as objects of industrial property rights. Specifically, in Clause 2, Article 59 of the Intellectual Property Law, computer programs are one of the objects not protected in the name of invention.

However, computer programs may still be protected under patent protection in exceptional circumstances. In the Regulation on the appraisal of patent applications attached to Decision No. 487/QD-SHTT dated March 31, 2010, issued by the Intellectual Property Office of Vietnam in Section 5.8.2.5 guiding the identification of protected objects in the name of inventions related to computer programs, it is stated:

“Computer program-related inventions are a form of “inventions made by computers,” the term refers to objects involving computers, computer networks, or other programmable devices that at first glance have one or more signs of the object requiring protection made by the program(s). Although a computer program belongs to the category of non-protected objects in the name of the invention, if the object requesting protection has technical characteristics and is a technical solution, aimed at solving a technical problem by a technical means to create a technical effect, it can be protected as invention.”

2. Conditions for copyright protection for computer programs

Under Vietnamese law, computer programs are protected as literary works. Computer programs that want to be recognized for copyright protection need to meet the following specific criteria:

First, one of the conditions is the originality of the work. The originality of the work means the work formed by the creative labor of the author himself, not copied by others. The originality is not identical to the novelty of the work. Two computer programs of two different authors, although similar, are still protected if the authors of those two programs have created them in a completely independent way, without copying each other.

Second, computer programs must be fixed in a certain physical form. According to Clause 3, Article 3 of Decree 22/2018/NĐ – CP, fixing is the expression by writing, other characters, lines, shapes, composition, colors, sounds, images, or the reproduction of sounds and images in certain material forms so that they can be identified, copying or communicating. Besides, the form of data messages through electronic means is also considered a form of expression of the work[1]. Computer programs are written in different programming languages, composed of scripts and characters commonly used in written text, and are largely expressed as data messages. Computer programs are protected whether in the form of source code or machine code.

Third, the conditions of the subject of copyright are mentioned below. The author, the owner of the copyright of a computer program must be one of the following subjects:

Organizations and individuals with Vietnamese nationality;

Foreign organizations and individuals whose works are first published in Vietnam that have not been published in any country or published simultaneously in Vietnam within thirty days from the date such work is first published in another country;

Foreign organizations and individuals whose works are protected in Vietnam under international treaties on copyright to which the Socialist Republic of Vietnam is a contracting party.

When the above three conditions are met, the computer program is protected automatically without any procedures. However, if the author and copyright owner do not actively carry out the procedure for copyright registration when a dispute arises, the author and copyright owner will face many difficulties and take a lot of time, effort, and money for proving ownership of computer programs. In addition, computer programs are subjects of high economic value to facilitate the transfer and licensing of copyright, copyright registration is the most basic condition, creating a clear legal basis for making transactions. Therefore, authors and copyright owners should carry out the copyright registration procedure as soon as possible.

Above is the content of the article “Copyright Protection for computer programs”. Copyright Vietnam hopes this article is useful to readers.

Best regards,

[1] Article 119 of the 2015 Civil Code on Forms of Civil Transactions

1. Civil transactions are expressed verbally, in writing, or by specific acts.

Civil transactions through electronic means in the form of data messages under the law on electronic transactions are considered written transactions.

2. Where the law stipulates that civil transactions must be represented in notarized, authenticated, or registered documents, such provisions must be complied with.