A - Z procedure: Copyright registration of software

1. What is the copyright registration of software?

In accordance with Article 22, Law on Intellectual property 2005, a computer program means a set of instructions that are expressed in form of commands, codes, diagrams, or other forms and, when incorporated in a mean or device operating in a computer programming language, capable of enabling such computers to perform a job or achieve a designated result.

Article 22 also points out clearly that computer programs shall be protected like literary works, irrespective of whether they are expressed in form of source codes or machine codes.

Accordingly, the owner or holders of the software shall submit the dossiers for grant of certificates of registered copyright or certificates to the competent State agencies for the recording of legal copyright information on authors, works, copyright holders, and related right holders.

Therefore, authors and owners of software can avoid the acts of copying and infringing their software for illegal profiteering based on their legal foundation.

It is not compulsory for the copyright registration of software in Vietnam; however, copyright registration is the state agency's recognition of legal evidence of their lawful holding of intellectual property rights by the issuance of certificates. Organizations and individuals that are granted certificates of registered copyright or certificates of registered related rights shall not have to bear the burden of proof of such copyright and related rights upon disputes unless rebutting proofs are adduced.

In conclusion, the copyright registration of software is necessary for authors of holders of software to protect their legal rights and benefits.

2. Who has the right to register the copyright of software?

In accordance with the provisions prescribed in Article 13, Law on Intellectual property, the person who directly creates the software and the holder of the software. Authors and holders of the software include:

- Vietnamese individuals, organizations

- Foreign individuals, organizations

3. Applications for registration of copyright

In accordance with Article 50, Law in Intellectual property 2005, the applications for registration of copyright include documents as follows (Authors, copyright holders, or related right holders may directly file or authorize other organizations or individuals to file applications):

- An application for registration of copyright or related rights comprises.

Note:

+ A written declaration must be made in Vietnamese and signed by the author, copyright holder, related rights holder, or person authorized to file the application, fully stating the information on the applicant, author, copyright holder, or related rights holder;

+ Summarized content of the work, performance, phonogram, video recording, or broadcast;

+ The name of the author, the title of the work used to make derivative work in cases where the to be-registered work is a derivative work;

+ The date, place, and form of publication;

+ The guaranteed responsibility for information stated in the application

The Culture and Information Ministry shall set the form of written declarations for copyright or related right registration;

- Two copies of the work subject to an application for copyright registration, or two copies of the fixed object subject to the related right registration;

- A letter of authorization where the applicant is the authorized person;

- Documents proving the right to file application where the applicant acquires such right due to inheritance, succession from, or assignment;

- Written consent of co-authors, for works under joint authorship;

- Written consent of co-owners if the copyright or related rights are under joint ownership.

4. Submission places for copyright registration for software

Pursuant to Article 34, Decree No. 22/2018/ND-CP:

- An author or copyright or related rights holder may directly or authorize other organizations or individuals to submit a set of dossiers for registration of copyright or related rights to the Ministry of Culture, Sports and Tourism (the Copyright Office of Vietnam or the representative office of the Copyright Office of Vietnam in Ho Chi Minh City or Da Nang city). 

A foreign organization or individual whose work, performance, phonogram, video recording, or broadcast is covered by copyright and related rights protection: Directly submit a set of dossiers for registration of copyright and related rights to the Ministry of Culture, Sports and Tourism (the Copyright Office of Vietnam or the representative office of the Copyright Office of Vietnam in Ho Chi Minh City or Da Nang city).
 

5. Term for issuing the registered copyright certificates

- Within 15 working days from receiving the valid application: Issue the certificates of registered copyright, and certificates of related rights to the applicants.

- In the case of refusing to grant registered copyright certificates or registered related right certificates; - State agencies on copyrights or related rights must notify the applicants in written forms.

6. Validity of registered copyright certificates and registered related rights certificates of software

The validity of registered copyright certificates of software is prescribed in Article 53, Law on Intellectual property. Accordingly:

- Registered copyright certificates and registered related rights certificates shall be valid throughout the Vietnamese territory.

- Registered copyright certificates and registered related rights certificates, which have been granted by the state management agency in charge of copyright and related rights before the effective date of this Law shall continue to be valid.

These are problems with the copyright registration of software that LuatVietnam would like to send to readers.