Design copyright protection procedures

In the context of increasingly fierce creative competition, protecting design samples has become a top priority for both designers and businesses. Therefore, understanding the procedures for protecting design copyrights is the best way to ensure that creative products are recognized and comprehensively protected by law. This article from VCD will help you understand the necessary documents, the process, and important considerations when registering copyright for your design samples.

Which design samples are protected by copyright?

According to Vietnamese Intellectual Property Law, a design sample is protected by copyright when it meets the following criteria: it is created by the author, is not copied from another work, is expressed in a tangible form (file, print, description, etc.), and possesses creativity and aesthetic value.

The following design types are commonly registered for copyright protection:

• Application interfaces (UI)

• Product packaging designs

• Logos and symbols

• Fashion designs

• Posters, banners, and advertising materials

• Brand identity systems

• Illustrations, icons, and patterns

• Website designs

• Prints on t-shirts, mugs, and bags

These designs can all be registered as applied art or graphic works.

What documents are required for copyright protection of a design?

You need to prepare a complete and accurate set of documents to avoid requests for additional information and delays in the review process. Below is a list of documents you need to prepare:

• Copyright registration application form from the Copyright Office, fully completed: author information, owner information (if different from the author), type of work registered (applied art/graphic design), creation date, and a commitment that the work is not a copy of another person’s work.

• Two color printed copies of the design to be protected (A4 size), a detailed description of each part of the design, and the original file (if available): AI, PSD, PNG, JPG, FIGMA…

• Documents of the author and owner: Citizen Identification Card/Passport (scanned or photocopied), work contract (if hiring a designer), handover record or copyright transfer agreement.

• A written commitment, pledging that the work is the author’s own creation and is not a copy.

• Power of Attorney (if submitted through a service provider)

Design copyright registration process

After preparing all the necessary documents and ensuring the design meets the protection requirements, the next step is to understand the copyright registration process.

Step 1 – Submitting the Application

There are 3 ways to submit a design copyright registration application:

• Directly at the Copyright Office

• At representative offices in Ho Chi Minh City or Da Nang

• Submitting the application online through the public service portal

Step 2 – Application Review

The Copyright Office reviews the creativity and validity of the documents, checks for potential duplication of the design, and examines for other copyright infringements.

Step 3 – Issuing the Copyright Certificate

If the application is valid, you will receive a copyright registration certificate valid for the author’s lifetime plus 75 years after the author’s death (or 75 years from the date the work was published).

Note:

• Completion time is 7-15 working days (depending on complexity or additional requirements).

• Fees depend on the type of work and the number of design samples, usually ranging from 400,000 to 1,500,000 VND per application (government fee). If using a service provider, the cost ranges from 1,500,000 to 3,000,000 VND, depending on requirements.

Important note on copyright protection of designs

Before registering copyright for a design, businesses and designers need to understand that not every design is legally recognized and protected. Proper and complete documentation, along with adherence to principles of creativity, ownership, and application timing, will determine the likelihood of receiving a patent and the level of protection in case of disputes. Here are some important points you absolutely shouldn’t overlook when protecting the copyright of your design:

• The design must be original and creative: Do not use pre-made templates, designs downloaded from the internet, or designs modified from other works. Only original designs are eligible for copyright protection.

• Keep original files and edit history: This makes it easy to prove your work in case of disputes, such as AI, PSD, Figma, and Sketch files; email records of design submissions and receipts; and work contracts with clients or designers.

• If hiring a designer, obtain a copyright transfer agreement: Many businesses are sued by designers for copyright infringement because the contract does not include a copyright transfer clause, only paying for the design but not purchasing ownership rights. The contract should clearly state: Copyright belongs to the business; the designer only has personal rights (including the author’s name).

• Submit as early as possible: Copyright is granted to the first applicant, preventing competitors from registering it first and avoiding plagiarism when the product is published.

The above is an article on “Procedures for Copyright Protection of Designs” shared by VCD. Hopefully, this information will help you be more proactive in protecting your creative products from the risk of copying, disputes, or competitors registering them first.

Sincerely,