Copyright and related rights have become increasingly important to creators as intellectual property has evolved in recent years. The author or owner’s rights might be quickly lost if he or she does not have full knowledge of the duration of protection for a copyright or related right. In this article, we will clarify the Vietnamese legal regulations concerning the validity of the Copyright Registration Certificate and Related Rights Registration Certificate.
1. Time limit for granting copyright registration certificates, related rights registration certificates
According to the provisions of Article 52 of the Intellectual Property Law, within 15 working days from the receipt of the valid application, the copyright authority shall grant the certificate of registered copyright or registered related rights to the applicant or notify the applicant in writing in case the application is rejected.
2. Regulations on the validity of copyright registration certificates, related rights registration certificates
- Spatial effect
According to the provisions of Section 53 of the Intellectual Property Law and Section 41 of Decree No. 22/2018/ND-CP, the Copyright Registration Certificate and Related Rights Registration Certificate shall be valid throughout the entire territory of Vietnam.
Any copyright registration certificates and related rights registration certificates which were granted by the State administrative body for copyright and related rights before the effective date of this Law shall continue to be valid. Various kinds of copyright registration certificates and related rights registration certificates granted by the Copyright Protection Firm of Vietnam, the Copyright Protection Agency of Vietnam, the Literature – Art Copyright Office or the Copyright Office of Vietnam shall continue to be valid.
- Effect of time
Vietnam grants different terms of protection for different types of works, and the term of protection also differs between moral rights and property rights.
Moral rights include Name the work; Have their real names or pseudonyms attached to their works; Have their real names or pseudonyms announced when their works are published or used; Protect the integrity of their works; and forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author is protected indefinitely.
Moral rights (Publish or permit other persons to publish their works) and property rights have the following term of protection:
Content 1: Cinematographic works, photographic works, works of applied art and anonymous works have a term of protection of seventy-five years from the date of first publication. For cinematographic works, photographic works, and works of applied art that remain unpublished within twenty-five years from the date of fixation, the term of protection is one hundred years from the date of fixation. For anonymous works, when information on their authors is published, the term of protection will be calculated according to Content 2.
Content 2: A work not specified in Content 1 is protected for the whole life of the author and for fifty years after his/her death. For a work under joint authorship, the term of protection expires in the fiftieth year after the death of the last surviving co-author.
The term of protection specified in Content 1 and Content 2 expires at 24:00 o’clock on December 31 of the year of expiration of the copyright protection term.
3. Legal services to support copyright protection of Vietnam Copyright Development Joint Stock Company
With a team of experienced legal experts, VCD confidently assists Clients in resolving issues related to copyright protection. With the principle of always protecting Clients’ legal rights and interests, VCD strives to provide the most prompt and effective work implementation. Besides, VCD regularly reports the progress and provides the next action plan so that Clients can easily monitor and evaluate the work results. Clients can completely trust our legal services to protect the copyright.
Above is the article “Validity of Copyright Registration Certificate, Related Rights Registration Certificate in accordance with Vietnamese law”. We hope this article was useful to you.
