Is Copyright Registration for Internal Documents Necessary?

In every business, internal documents play a crucial role in management, operations, and business know-how. However, not all businesses are fully aware of the importance of protecting copyright for these documents, leading to risks of unauthorized copying, misuse, or disclosure. So, is copyright registration for internal documents necessary? This VCD article “Is Copyright Registration for Internal Documents Necessary? will help you.

What are Internal Documents?

Internal documents are documents issued and used within an organization, business, agency, or unit.

Internal documents are understood to be documents created within a business, serving the purposes of management, training, operation, or internal circulation, such as: work regulations, labor rules, business procedures, personnel training materials, brand manuals, business strategies, etc. These documents often contain confidential information, are the result of the company’s intellectual investment, and have competitive value in the market.

Although their use is limited within the business, they still constitute a valuable intellectual property asset and are easily infringed upon without appropriate protection mechanisms.

Are internal documents subject to copyright protection?

According to Article 14 of the 2005 Intellectual Property Law (amended and supplemented in 2009, 2019, and 2022), documents presented in written form, possessing creative merit, and expressed in a specific physical form belong to the category of literary works – and are subject to copyright protection.

Furthermore, Clause 1, Article 6 of the Intellectual Property Law stipulates that copyright arises from the moment the work is created and expressed in a specific physical form, regardless of its content, quality, or public publication.

Therefore, internal documents are entirely within the scope of copyright protection, even if the enterprise has not registered them and even if the documents are not published to the public.

However, some content of a news or current affairs nature, ideas not yet expressed as works, or legal texts are not subject to protection (Article 15 of the Intellectual Property Law).

Is it necessary to register copyright for internal documents?

In principle, businesses are automatically protected by copyright for internal documents without being required to register. However, in practice, registration offers significant benefits, especially in the context of increasing competition and disputes:

Firstly, registration creates solid legal evidence of ownership: A copyright registration certificate confirms the author, owner, and time of creation of the work (Article 49 of the Intellectual Property Law). This is crucial evidence when disputes arise regarding the copying of documents, especially those containing internal secrets.

Secondly, it supports the protection of business rights and interests: When infringement occurs, such as unauthorized disclosure of documents, copying business processes for external distribution, etc., businesses have the right to request the competent authority to handle the matter according to Article 198 of the Intellectual Property Law: demanding compensation for damages, imposing penalties for violations, and removing infringing content.

Thirdly, it contributes to effective intellectual property management: Copyright registration helps businesses track and manage intellectual property assets, preventing the loss of internal information during personnel transfers, especially regarding training systems and professional processes.

Therefore, although not mandatory, for documents with strategic value or containing technological secrets, businesses should register copyrights to minimize legal risks and protect their intellectual property.

Copyright Registration Dossier for Internal Documents

According to Article 50 of the 2005 Intellectual Property Law and Article 16 of Decree 17/2023/ND-CP, the copyright registration dossier for internal documents includes:

• Copyright registration application form, clearly stating the author, owner, and information about the work.

• Two copies of the internal document to be registered (paper copy; electronic file if available).

• Documents proving the enterprise’s ownership of the work: employment contract, assignment decision, copyright transfer agreement, etc.

• Legal documents of the owner/author: Business registration certificate; ID card/Citizen Identification Card (if required).

• Power of attorney if submitting the dossier through a representative.

After preparing all the necessary documents, the dossier can be submitted directly or sent by post to the Copyright Office or its representative office as prescribed by law. The above is the article “Registering Copyright for Internal Documents – Is It Necessary?” that VCD has sent to you. We hope this article is helpful to you.

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