In today’s digital age, protecting intellectual property rights, especially software copyright, is becoming increasingly important. Software copyright not only helps developers and organizations protect their creative achievements but also creates a fair environment for software use and development. To ensure legal rights, software copyright registration is a necessary step. The article “Notes when registering software copyright” below by VCD will help you understand better.
1. What is software copyright?
Software copyright is a legal right granted to an individual or organization that creates a software to control the copying, distribution and use of that software. Software copyright allows the owner to decide on activities related to the software including distribution, sale, rental, modification and development.
Software copyright is used by two groups of software developers and proprietary software companies.
Computer software copyright is divided into two types:
- Mass products: developed for the purpose of selling on the market, with a wide range of users. Software versions of mass products are software for PCs.
- Products according to orders: developed to serve individual customers according to requirements such as: a specialized software system, business support at the enterprise, etc.
2. Subjects with the right to register software copyright
Individuals who directly create software:
- Individuals who have used their thinking ability, programming skills and creativity to develop software. They have the right to register copyright to protect their work, including:
- The right to attach the author’s name to the work.
- The right to be recognized and respected as creating software.
- The right to transfer property rights to another person or organization.
The organization is the owner of the software:
- In the case of software created during the course of work or under a contract with the organization, the ownership belongs to the organization including:
- Enterprise: if the software is developed by an employee during work time and uses the company’s resources, the enterprise will be the owner.
- Research organization: software developed in a research project or technology cooperation is often owned by the organization operating the project.
3. Some notes when registering software copyright
Protection period:
According to the provisions of Article 27 of the Law on Intellectual Property of Vietnam, copyright for software is protected throughout the author’s life and extends for 50 years after the author’s death. This means that even if the author has passed away, the ownership of the software is still protected for the next 50 years, allowing the next generations or organizations that own the software to have the right to use and transfer it.
In addition, this regulation also aims to protect the rights of individuals or organizations that own software for a long period of time, helping them to confidently develop and exploit intellectual products in the market without having to worry about issues related to copyright infringement.
Scope of protection:
The software copyright certificate is valid and effective throughout the territory of Vietnam. This means that when your software is granted a Copyright Certificate, you have the right to request protection of your rights against infringements occurring nationwide.
However, if you want to protect your software in other countries, you need to carry out copyright registration procedures in those countries through international organizations such as the World Intellectual Property Office (WIPO) or the intellectual property agencies of each country. This will help protect your software globally.
Software copyright registration dossier:
The basic registration dossier includes the following documents:
- Copyright registration form.
- Power of attorney (if submitted through a representative).
- Identity card or Citizen ID card of the author.
- Declaration of software creation.
- Consent letter of co-authors (if any).
- Business registration certificate (if the owner is an organization).
- Printed copy of software code and interface.
- Two CDs containing software content.
- Decision to assign work/ Confirmation of assignment.
Notes on the components of the registration dossier:
- For code: If the above computer program code section has 100 pages or more, print the first 25 pages, the middle 25 pages, and the last 25 pages of the code section. Maximum 75 pages of code.
- For software interface: interface images must not contain map images, personal information of others, etc. The software interface is not limited in the number of pages.
- For CD: 1 side of the CD has a white paper with the name of the computer program written on it.
- In case the employee has been assigned a previous assignment decision and at the present time the CCCD has been newly issued, make a Confirmation of assignment to record the organization that assigned the task to them.
- In case the organization assigns tasks to co-authors, the role and tasks of each author must be clearly stated in the author information section of the declaration.
Above is the article “Notes when registering software copyright” that VCD sends to you. We hope this article is useful to you.
Sincerely,
