Copyright
Related Services
What is copyright?
Copyrights are the intellectual property rights of the organizations and individuals on works they have created such as computer programs, products, packaging images, music, writings or photography.
Legal sevices:
- Confirm the feasibility of the copyright registration;
- Register the copyright in Vietnam and/or internationally;
- Draft commitments or claims of ownership when the author is an employee or a third party;
- Advise on the transfer of the registered copyright and draft all related documents (e.g. contract for the transfer of IP rights);
- Adjust the owner’s information on the protection titles or applications;
- Represent clients to protest, complaint or cancel the validation of protection titles;
- Work with related agencies to request organizations or individuals to stop any IP rights infringement.
How to proceed?
- Contact us via phone, email or create a CRM account to define the required services with our lawyers.
- Whenever possible we will meet in person to define your legal strategy in depth.
- We will provide you with the list of required information and documents, as well as the application dossier drafted and translated by us in Vietnamese and English languages.
- Our legal services will notably include our advisory on the feasibility of the copyright registration and on how to register the IP rights.
- During the registration process, we will assist you to liaise with the authorities and reply to their inquiries and refusal (if any).
- At any time, you can access the CRM system to manage and keep a track of your legal services.
The steps and procedures to register a trademark are as follows:
- Step 1: Submit the declaration dossier for registering the trademark at the “National Office of Intellectual Property” (“NOIP”).
- Step 2: Evaluation of the formality of the application.
- Step 3: Official announcement of the formality evaluation result.
- Step 4: Evaluation of the contents or substance of the application.
- Step 5: The NOIP issues the notice of intent to grant a trademark protection certificate and requests payment of the licensing fee (if have fulfilled the regulatory requirements).
- Step 6: The submitter pays the fee and the NOIP issues the trademark protection certificate.
In practice, 12 to 18 months are required to complete all the steps.
The Vietnamese intellectual property system is divided in three areas:
- Copyright and related rights administered by the Copyright Office of Vietnam;
- Industrial property rights – administered by the National Office of Intellectual Property (“NOIP”);
- Rights to plant varieties – administered by the Plant Variety Protection Office.
IP rights registered in Vietnam can be enforced as follows:
- Administrative action: Most of the IP disputes are settled through this method, which is fast and straightforward. The authorities may apply sanctions including warnings, fines, seizure or destruction of the counterfeit goods.
- Civil Court action: This process is lengthier, but the Court of Vietnam are enforcing IP regulations and protecting IP rights holders.
The author – the person who directly creates the product and the owner is the subject allowed to register copyright.
The following forms of work can be registered for protection of copyright:
- Literary, scientific works, textbooks, textbooks, and other works expressed in writing or other characters;
- Lectures, speeches and other forms of speeches;
- Press works;
- Musical works;
- Dramatic works;
- Cinematographic works and works created by the same method (below collectively referred to as cinematographic works);
- Plastic and applied artworks;
- Photographical works;
- Architectural works;
- Map, diagram, drawing related to topography, architecture, scientific works;
- Folk literary and artistic works;
- Computer programs and data collections;
Copyrights shall include personal rights and property rights. Including:
Personal rights shall include the following:
- Name of the work;
- Put real name or pseudonym on the work; be given a real name or pseudonym when a work is published and used;
- Publish of the work or allowing others to publish the work;
- Protect the integrity of the work, prevent others from modifying, mutilating or distorting the work in any way that damages the honor and reputation of the author.
Prorperty rights shall include the following:
- Make derivative work;
- Perform the work to the public;
- Copy the work;
- Distribute, import the original or the copy of the work;
- Communicating the work to the public by wire, wireless, electronic information networks or any other technical means;
- Lending originals or copies of cinematographic works, computer programs.
Depending on the circumstances, the term of protection will vary, whereby personal rights such as the right to name the work, the right to protect the integrity of the work, the right to recognize pseudonyms for the work, etc. shall be protected indefinitely. Particularly for property rights, depending on the different types of
The current processing time for a certificate of copyright registration is only around 15 working days from the date the competent authority receives the valid application.
