Graphics works, diagrams, maps, and blueprints are some of the types of works that are registered for copyright according to the spirit of the Intellectual Property Law. Copyright registration by the owner and author of drawings, diagrams, maps, and drawings is an effective measure to protect their legitimate rights and interests when there is an infringement and is the basis for proving the moment the right arises. In this article, we will focus on clarifying the order and procedures when registering copyright for this type of work.
1. Conditions for registering copyright for graphic works, diagrams, maps, and blueprints
When owners and authors of works want to register copyright for drawings, diagrams, maps, and drawings, they must meet the following conditions:
- Firstly, the registered work must have all of the following characteristics:
- The work must be creative: Must be created directly by the author, and must not be copied from other works in any form;
- The work must be expressed in a certain material form. For example: Maps and diagrams must be expressed through a drawing or sketch on paper…
- Secondly, regarding the subject being the author, the copyright owner needs to have full copyright protection conditions according to Article 12 (a), Article 13, Article 36 to Article 42 of the Intellectual Property Law as follows:
- The author must be the person who directly created the work.
- A copyright owner is an organization or individual that holds one, several, or all of the property rights to a work and the right to publish the work.
- Copyright owners are individuals or organizations in one of the following cases: (1) assign tasks to the author or enter into a contract with the author; (2)inherit copyright; (3) transfer of copyright; (4) is the State for anonymous works that do not have a person managing the work, works that are still within the term of protection but the copyright owner dies without an heir, or the heir refuses to receive the inheritance or is not allowed to inherit. The right to enjoy heritage and works is transferred by the copyright owner to the State.
- Are Vietnamese or foreign individuals and organizations whose works are published simultaneously in Vietnam within 30 days from the date that work is first published in another country.
- Are Vietnamese and foreign individuals or organizations whose works are published for the first time in Vietnam but have not been published in any other country.
- Are foreign individuals and organizations whose works are protected in Vietnam according to the provisions of international treaties on copyright to which the Socialist Republic of Vietnam is a member.
2. Copyright registration documents for graphic works, diagrams, maps, and blueprints
The author, owner of the work, or an authorized collective representative organization of copyright will prepare the registration dossier. The application will include the following documents:
- Declaration (application) for copyright registration according to the form of the Copyright Office;
- 02 copies of registered work: 02 drawings or prints on paper;
- Power of attorney or authorization contract (In case of authorization by the author or owner);
- Documents proving that the owner of the rights is self-created or assigned creative tasks, enters into creative contracts, inherits, or transfers rights;
- Written agreement between co-authors in case the work has multiple authors;
- Written consent of the co-owners, if copyright and related rights are jointly owned;
- ID card/ID card/passport of the author, owner of the work (copy), or documents proving the operating status of the collective representative organization of copyright, the organization that is the owner owns the work (copy).
3. Procedures for registering copyright for graphic works, maps, diagrams, and blueprints
Procedures for registering copyright for works of maps, diagrams, and drawings are prescribed as follows:
- Step 1: Submit application
Authors, copyright owners, and related rights owners directly or authorize other organizations or individuals to submit 01 sets of dossiers to register copyright and related rights at the headquarters of the Copyright Office, or Representative Office of the Copyright Department in Ho Chi Minh City, Representative Office of the Copyright Department in Da Nang City.
- Step 2: Return results
Within fifteen working days from the date of receipt of valid documents, the state management agency in charge of copyright and related rights is responsible for issuing the Copyright Registration Certificate and Related Rights Registration Certificate for applicants. In case of refusal to issue a Copyright Registration Certificate or Related Rights Registration Certificate, the state management agency in charge of copyright and related rights must notify in writing and clearly state the reasons for the applicant.
Above is the article “Procedures for registering copyright for works of drawings, diagrams, maps, and blueprints”. We hope this article is useful to you.
