Procedures for protection of copyright of a computer program
According to Article 22 of 2005 Intellectual Property Law, computer program is one of works that is protected by copyright. Registration of copyright for the computer program is particularly important for an author and a copyright owner to protect rights to its work and to prevent disputes that may arise in the future. What are procedures for registering copyright for the computer program?
Under Article 50, Article 51, Article 52, Article 53 and Article 54 of the 2005 Intellectual Property Law and Article 35, Article 36 of Decree No.22/2018/ND-CP, the author and the copyright owner of the computer program or person(s) authorized by them should perform the following steps:
Step 1: Prepare the following applications
- An application for registration of copyright;
- Two copies of the computer program (two CDs containing contents of the computer program or its two printed copies);
- An authorized letter in case the application is sent by representative;
- Documents proving right to file the application in case the applicant acquires such right of another person by way of inheritance, succession or assignment;
- A written consent of co-authors in case the computer program is made by authors; and
- A written consent of co-owners in case the copyright is under common ownership.
The mentioned-above applications are presented in Vietnamese. Applications in foreign language must be translated into Vietnamese.
Step 2: Submit applications
The applications for copyright registration for the computer program will be submitted directly at Copyright Office of Ministry of Culture, Sports and Tourism.
Step 3: Receive result
Within 15 working days from the date of filing valid applications, the Copyright Office shall grant a copyright registration certificate to the applicant if its computer program satisfies conditions for protection. In case of refusal, it must notify in writing to the applicant
Note: A copyright registration certificate shall be valid throughout the entire territory of Vietnam. This is a legal document to record information about author, work, copyright owner. Copyright for a computer program is established from the time the computer program is first published. Therefore, the filing of an application for grant of a copyright registration certificate shall not be a compulsory procedure for establishing it. However, in case of a dispute, it is necessary for the owner of the certificate who will not be required to prove that copyright belongs to them unless contrary proofs are tendered.