A Comprehensive Guide to Registering Copyright for Applied Artwork in Vietnam

05/07/2023 - 1050 views

Applied art works may assist your company to stay on top of the market and achieve massive commercial success. As a result, copyright owners should consider registering their artworks sooner rather than later in order to reap the full benefits of registration, particularly if infringement is a worry. This article gives a thorough reference to registering copyright for applied artwork in Vietnam, including the protection criteria, requirements, and competent authority for registration.

 

The owner of applied art works can reap numerous benefits through the registration of their copyright in Vietnam

 

1. What is applied artwork? 

Works of applied arts, as defined by the Vietnam copyright regulation, are works displayed by lines, colors, three-dimensional forms, or layouts, with helpful attributes associated with useful things, and produced by hand or machine, such as:

+ Graphic designs (expression of logo, identification system and packaging labels, expression of a character);

+ Fashion designs;

+ Artistic product designs (cannot be easily created by a person with average knowledge in the art and not include shape of the product is the result of the functional properties of the product);

+ Artistic interior design, interior and exterior decoration.

 

2. Why you should register copyright for applied artwork 

In case you are granted certificates of copyright in Vietnam, you shall not have to bear the burden of proof of such copyright upon disputes, unless rebutting proofs are adduced.

Furthermore, your artistic work may be protected by both copyright for applied artwork and industrial design (such as product designs and fashion designs) and trademark (such as logos and complex mark). In this scenario, they complement each other in terms of protecting your intellectual property. In comparison to industrial design and trademark registration, registration for copyright artwork in Vietnam has the following advantages:

– The procedure is simpler and the examination duration is much shorter;

– The eligibility for granting the certificate is much higher;

– The validity of the certificate does not need to be renewed;

– The scope of protection is not limited to specific goods or services as that of trademark;

– The term of copyright protection is longer than that of industrial design.

 

3. Protection conditions for copyright for applied artwork 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 applied art work is protected. To qualify for copyright protection, applied artwork 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.

 

4. The term of copyright protection for applied artwork in Vietnam

 

 

Rights

The term of protection

 

 

 

 

Rights of author(s)

– To give titles to works;

Indefinite protection term

– To attach their real names or pseudonyms to works; to have their real names or pseudonyms acknowledged when their works are published or used;

– To protect the integrity of works; and to forbid other persons to modify, edit or distort works in whatever form, causing harm to the honors and reputation of the author.

 

 

Rights of copyright owner(s)

– To publish works or to authorize other persons to publish works;

– For published works: a term of protection of 75 years from the date of first publication

– For works which remain unpublished within twenty-five years from the date of fixation: a term of protection of 100 years from the date of fixation

– To make derivative works;

– To reproduce works;

– To distribute or import the original or copies of works;

– To communicate works to the public.

 

5. Requirements 

5.1 Information required

  • Full name, address, nationality of owner(s) and author(s);
  • Title of applied art work;
  • Date on which the applied art work was created and finished;
  • Date and place of the first publication of the applied art work (if any).

 

5.2 Documents required

  • 02 Declaration of applied art work 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 copies of the applied art work;
  • 02 CDs bearing the applied art work 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.

 

6. 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 applied art work.

 

7. Procedure for registering copyright for applied art work in Vietnam 

7.1. Timeline for registering applied art work in Vietnam

In general, it takes 45-60 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.

 

7.2. Steps for implementing the registration of the applied art work copyright

The process of copyright registration can be briefly described in five steps as follows:

 

 

More information about copyright practice in Vietnam can be found HERE.

Should you have any further questions about copyright in Vietnam, intellectual property matters in Vietnam, Laos, Cambodia and Myanmar, please kindly contact us via email info@ageless.vn