Register logo copyright for business household

In the modern economy, brand protection is very important, especially for business households. A logo is not only an identification symbol but also an intellectual property that needs to be protected. However, many business owners still do not fully understand the process of registering a logo copyright. The following article by VCD will provide the necessary information to help business households effectively protect their rights.

1.      Overview of Business Households

Currently, there are no regulations defining a business household. However, Clause 1, Article 79 of Decree 01/2021/ND-CP stipulates: “A business household is registered by an individual or household members and is responsible for all of their assets for the business activities of the household”.

In which, the business household owner is one of the following subjects:

• Individuals registering a business household;

• A person authorized by household members to represent the business household in the event that household members register for a business household.

• Pursuant to the provisions of Article 74 of the 2015 Civil Code on legal entities, an organization is recognized as a legal entity when it meets the following conditions:

• Established in accordance with the provisions of this Code and other relevant laws;

• Having an organizational structure as prescribed in Article 83 of this Code;

• Having assets independent of other individuals and legal entities and being responsible for its own assets;

• Participating in legal relations independently in its own name.

Therefore, a business household that does not meet the above conditions does not have legal status, does not have its own seal, is not allowed to open branches or representative offices, and is not allowed to exercise the rights that businesses are exercising.

2.      How to register a logo copyright for a business household?

Copyright, also known as author’s rights, is the right that an author has to his/her own works. This right automatically arises when the work is created and protects the rights to manage, use, and exploit the value of the work.

Registering copyright for a logo (also known as registering logo copyright/author’s rights for a logo) is when an individual/organization submits a copyright registration application to the Copyright Office, in order to record information and protect the creativity of the logo created or owned by that individual/organization.

So, is a business household an organization that can register copyright? Based on the above analysis, it can be seen that a business household has an organizational structure but is not considered an organization that owns the copyright of the logo according to the provisions of the Law on Intellectual Property because it does not have legal status, does not have its own seal, and is not allowed to exercise the rights that businesses are exercising.

Therefore, the copyright registration dossiers of Business Households do not have their own seals to stamp and seal documents to prove that they are the copyright owner. Therefore, when registering copyright for Business Households, they will register as individuals, which means that the owner of the business household will be the owner of the copyright of the logo. The owner of the business household can then draft a document agreeing to let the Business Household use the copyright of the logo.

Components of the copyright registration dossier for the logo:

• Copyright registration form according to Form No. 02 issued with Circular No. 08/2023/QD-BVHTT.;

• Two copies of the work for copyright registration (including electronic copies);

• Documents proving that the owner is the owner of the copyright due to self-creation or design hire, inheritance, or transfer of rights;

• Authorization document, if the applicant is an authorized person. The authorization document must specify the contact information of the authorizing party and the authorized party; Name of the work; scope of authorization, duration of authorization;

• Written consent of co-authors, if the work has co-authors.

• Written consent of co-owners, if the copyright is jointly owned;

• In case the work uses the personal image of another person, the written consent of that person must be obtained in accordance with the provisions of law.

In addition, it is necessary to note the requirements for applied art works in Article 43 of Decree 17/2023/ND-CP as follows:

• A copy of the work must be clearly shown on A4 paper, correctly showing the layout, lines, colors, and shapes of the entire work;

• In case the work contains words or phrases that are not in Vietnamese, the pronunciation (transcribed into Vietnamese) must be clearly stated and if the words or phrases have meaning, they must be translated into Vietnamese; containing numbers other than Arabic or Roman numerals must be translated into Arabic numerals;

• Works with content related to medicine, education and other specialized and specific fields must have documents, papers confirming, appraising and approving by competent authorities.

Above is the article “ Register logo copyright for business household” that VCD sends to you. We hope this article is useful to you.

Sincerely,