New regulations on co-authors in the Law on Intellectual property 2022

In previous regulations, the term “co-author” is mentioned in the Law on Intellectual Property 2005, amended and supplemented in 2009 and 2019 (collectively called Law on Intellectual Property), however, this term has not been explained clearly in any law.

The Law on amending and supplementing a number of the Law on Intellectual property 2022 supplements Article 12a which has detailed definitions of the author, especially co-author.

In particular, an author is a person who directly creates a work. Where 02 or more people directly co-create work with the intention that their contributions are combined into a complete whole, those persons are co-authors.

A person who is in charge of supporting, giving suggestions, or providing materials for another person to create a work is not the author or co-author.

The exercise of moral rights and economic rights for work with co-authors must be agreed upon by the co-authors.  Unless the work has a separate part that can be separated for independent use without prejudice to the work of other co-authors or otherwise provided by other laws.

This Law takes effect on January 01, 2023.