Conditions and Objects of protection of Copyright in Vietnam

30/01/2016 - 1469 views

Copyright is defined as “the right of literary property as recognized and sanctioned by positive law. A right granted by statute to the author or originator of certain literary or artistic productions, whereby he is invested, for a limited period, with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them.” [Black Law’s Dictionary] It is the exclusive right of the owner of an intellectual production to multiply and dispose of copies; the sole right to the copy, or to copy it.


Acting as an active member of international copyright law community, Vietnam has been participating actively in the field of establishing and protecting the legitimate rights and interests of local and foreign authors. Over the years, protection of Copyright in Vietnam stipulated in commitments in international treaties in force has been gradually implementing with positive the results, ensuring legitimate rights of organizations and individuals in Vietnam and from abroad.



In this Article, we would like to introduce a brief overview on Conditions of protection and Objects of protection of Copyright in Vietnam.


Conditions of protection of Copyright and related rights:


In accordance with current regulations of Vietnam and the 1886 Berne Convention for the Protection of Literary and Artistic Works, which Vietnam is a member to, a work will be protected if it fulfills one of following criteria:


• The work is published for the first time in Vietnam that has not been published in any other country;
• The work is simultaneously published in Vietnam within thirty days after its first publication 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 Berne 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.


Types of works covered by copyright:


• Literary and scientific works, textbooks, teaching courses and other works expressed in written languages or other characters;
• Lectures, addresses and other sermons;
• Press works;
• Musical works;
• Dramatic works;
• Cinematographic works and works created by a process analogous to cinematography (hereinafter referred to collectively as cinematographic works);
• Plastic-art works and works of applied art;
• Photographic works; i/ Architectural works;
• Sketches, plans, maps and drawings related to topography or scientific works;
• Folklore and folk art works of folk culture;
• Computer programs and compilations of data.


In the process of opening up its economy, the issue of Copyright in Vietnam is increasingly attracting the attention of the state authorities and the business community. Aware of the fact, Ageless is honored to accompany our valued customers in protecting your legitimate rights in Vietnam.


Should you need any further assistance in IP matters in general or Copyright matters in particular, please do not hesitate to contact us: