Each country has the right to issue legal regulations to protect intellectual property objects that are suitable for its own interests. Countries will choose the protection standards compatible with their development conditions. Therefore, intellectual property rights will have different characteristics depending on each country. So when you have registered for copyright protection in Vietnam, will that copyright be protected internationally? The following article from VCD will provide you with detailed information.
1. Overview of Vietnamese copyright
Copyright is the copyright of an author over a work he or she creates such as literature, art, science, computer software and other objects specifically prescribed in Article 14 of the current Vietnamese Intellectual Property Law.
In Vietnam, copyright is regulated in the Intellectual Property Law. A work is protected when it meets the conditions of creation and is expressed in a certain material form without registration. However, copyright registration for a work is encouraged as a legal basis to prove ownership.
Copyright in Vietnam is protected under the provisions of the Intellectual Property Law 2022. Accordingly, works of authors who are Vietnamese citizens or organizations or individuals headquartered in Vietnam will be protected within the territory of Vietnam.
Copyright protection is the act by which competent state agencies confirm the copyright of the person who created the work, in which the agency will record certificates of protection for rights such as personal and property rights of the owners. In the event that individuals or organizations commit acts of copyright infringement, they will be handled by law.
2. Is copyright registration in Vietnam protected internationally?
Intellectual property rights are “territorial rights”, meaning that they are usually only protected within the territory of a country (Vietnam) or within the territory of a region (for example, within the territories of member countries of the Organization) where registration and protection are obtained.
Principles of international copyright protection:
Because copyright is territorial, each country has its own legal system to regulate it. However, to create cooperation and protect the rights of authors on a global scale, many countries have joined international copyright treaties.
The principles of protection include:
- Works are protected under the law of the country where the work is published or exploited.
- Automatic protection without registration in a member country of the international convention.
Currently, Vietnam has joined many important international treaties on copyright, including:
- Berne Convention for the Protection of Literary and Artistic Works (joined in 2004): This Convention stipulates that works of nationals of member countries will be automatically protected in other member countries without the need for registration.
- TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights): This Agreement requires members of the World Trade Organization (WTO), including Vietnam, to implement copyright protection regulations similar to those in the Berne Convention.
- Geneva Convention on Copyright in Phonograms: This Convention protects the rights of producers of phonograms against unauthorized copying.
- Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations: This Convention protects copyright-related rights in the field of musical performances and productions.
Some notes when protecting international copyright:
- Not all countries protect copyright the same. Some countries have not joined the Berne Convention or have their own domestic regulations that require authors to research carefully.
- The protection period may vary between countries, it may be shorter or longer than in Vietnam.
- In case of a dispute, the author may have to file a lawsuit in the country where the violation occurred according to the regulations of that country.
Copyrights registered for protection in Vietnam can be protected internationally through treaties to which Vietnam is a party, especially the Berne Convention. To improve the ability to protect rights abroad, authors should consider additional registration in target countries and cooperate with copyright management organizations. Understanding the scope and mechanism of international copyright protection will help authors make effective use of their works and avoid unwanted disputes.
Above is the article “If you register copyright protection in Vietnam, will you be protected internationally?” that VCD sends to you. We hope this article is useful to you.
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