In the digital age, safeguarding computer software through copyright registration is of utmost importance in Vietnam. The prevalence of software copyright infringement cases is increasing, impacting both developers and users. This article provides a comprehensive guide to registering copyright for software in Vietnam, including the protection conditions, requirements, and competent authority for registration. By understanding the copyright law in Vietnam, software developers and owners can effectively safeguard their valuable assets and reduce the likelihood of copyright infringement.
Under the copyright law of Vietnam, software is a type of work to be protected as computer programs.
1. Protection conditions for copyright for software in Vietnam
In Vietnam, the copyright law and the adherence to the 1886 Berne Convention for the Protection of Literary and Artistic Works establish the conditions under which computer software is protected. To qualify for copyright protection, software must fulfill one of the following criteria::
- The work has been published for the first time in Vietnam OR published in Vietnam within thirty days from the date the work first published in another country;
- The authors who are nationals of one of the member countries of the Berne Convention, for their works, whether published or not;
- The authors who are not nationals of one of the member countries of the Berne Convention but who have their habitual residence in one of them shall, for the purposes of the Convention, be assimilated to nationals of that country;
- The authors who are not nationals of one of the member countries of the Berne Convention, for their works first published in one of those countries, or simultaneously in a country outside the Convention and in a country of the Convention.
2. Right to register software copyright in Vietnam
An author, copyright owner shall have the right to register computer software copyright, including Vietnamese organizations and individuals; foreign organizations, and individuals.
3. The term of copyright protection for software in Vietnam
4.1 Information required
- Full name, address, nationality of owner(s) and author(s);
- Title of software;
- Date on which the software was created and finished;
- Date and place of the first publication of the software(if any).
4.2 Documents required
- 02 Declaration of computer software copyright registration (form of Ageless);
- 02 Executed and Notarized Power of Attorney (form of Ageless);
- 02 Notarized true copy of Business Registration Certificates, if the owner is corporate;
- 02 Notarized true copy of Passport of the author;
- 02 Statement of honesty of the author(s) on creating the work (form of Ageless);
- 02 Task Assignment document from the owner to the author (form of Ageless);
- 02 Written consents of co-authors/co-owners (if appliable);
- 02 descriptions of the computer software;
- 02 CDs bearing the software for registration.
The aforementioned documents should be prepared in Vietnamese. In cases where the documents are in a foreign language, they must be translated into Vietnamese. All original documents are required at the time of filing.
5. Competent authority
The Vietnamese Copyright Office (COV) under Ministry of Ministry of Culture, Sports and Tourism is entitled with rights to grant the copyright certificates for software.
6. Procedure for registering computer software in Vietnam
6.1. Timeline for registering software copyright in Vietnam
In general, it takes 25-35 working days from the filing date to COV issue of the copyright certificate. During this period, the application will be examined as to form and eligibility for protection.
6.2. Steps for implementing the registration of the computer software copyright
The process of copyright registration can be briefly described in five steps as follows:
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