Copyright registration of software program

The software program trade takes vital roles in each day lives, the variety of enterprises in software program trade will increase daily. Due to this fact, copyright registration for software program is more and more taken many cares.

1. What’s the copyright registration of software program?

In accordance with Article 22, Legislation on Mental property 2005, a pc program means a set of directions which are expressed in type of instructions, codes, diagrams, or different kinds and, when integrated in a imply or gadget working in a pc programming language, able to enabling such computer systems to carry out a job or obtain a chosen outcome.

Article 22 additionally factors out clearly that laptop applications shall be protected like literary works, no matter whether or not they’re expressed in type of supply codes or machine codes.

Accordingly, the proprietor or holders of the software program shall submit the dossiers for grant of certificates of registered copyright or certificates to the competent State businesses for the recording of authorized copyright data on authors, works, copyright holders, and associated proper holders.

Due to this fact, authors and house owners of software program can keep away from the acts of copying and infringing their software program for unlawful profiteering based mostly on their authorized basis.

It’s not obligatory for the copyright registration of software program in Vietnam; nevertheless, copyright registration is the state company’s recognition of authorized proof of their lawful holding of mental property rights by the issuance of certificates. Organizations and people which are granted certificates of registered copyright or certificates of registered associated rights shall not need to bear the burden of proof of such copyright and associated rights upon disputes until rebutting proofs are adduced.

In conclusion, the copyright registration of software program is important for authors of holders of software program to guard their authorized rights and advantages.

2. Who has the precise to register the copyright of software program?

In accordance with the provisions prescribed in Article 13, Legislation on Mental property, the one that immediately creates the software program and the holder of the software program. Authors and holders of the software program embody:

– Vietnamese people, organizations

– Overseas people, organizations

Copyright registration of software program
A – Z process: Copyright registration of software program (Illustration)

3. Functions for registration of copyright

In accordance with Article 50, Legislation in Mental property 2005, the purposes for registration of copyright embody paperwork as follows (Authors, copyright holders, or associated proper holders might immediately file or authorize different organizations or people to file purposes):

– An software for registration of copyright or associated rights contains.

Word:

+ A written declaration should be made in Vietnamese and signed by the writer, copyright holder, associated rights holder, or individual licensed to file the applying, absolutely stating the knowledge on the applicant, writer, copyright holder, or associated rights holder;

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

+ The title of the writer, the title of the work used to make by-product work in instances the place the to be-registered work is a by-product work;

+ The date, place, and type of publication;

+ The assured duty for data acknowledged within the software

The Tradition and Data Ministry shall set the type of written declarations for copyright or associated proper registration;

– Two copies of the work topic to an software for copyright registration, or two copies of the mounted object topic to the associated proper registration;

– A letter of authorization the place the applicant is the licensed individual;

– Paperwork proving the precise to file software the place the applicant acquires such proper because of inheritance, succession from, or task;

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

– Written consent of co-owners if the copyright or associated rights are beneath joint possession.

4. Submission locations for copyright registration for software program

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

– An writer or copyright or associated rights holder might immediately or authorize different organizations or people to submit a set of dossiers for registration of copyright or associated rights to the Ministry of Tradition, Sports activities and Tourism (the Copyright Workplace of Vietnam or the consultant workplace of the Copyright Workplace of Vietnam in Ho Chi Minh Metropolis or Da Nang metropolis). 

A overseas group or particular person whose work, efficiency, phonogram, video recording, or broadcast is roofed by copyright and associated rights safety: Straight submit a set of dossiers for registration of copyright and associated rights to the Ministry of Tradition, Sports activities and Tourism (the Copyright Workplace of Vietnam or the consultant workplace of the Copyright Workplace of Vietnam in Ho Chi Minh Metropolis or Da Nang metropolis).
 

Copyright registration of software
An writer or copyright or associated rights holder might immediately or authorize different organizations (Illustration)

5. Time period for issuing the registered copyright certificates

– Inside 15 working days from receiving the legitimate software: Difficulty the certificates of registered copyright, and certificates of associated rights to the candidates.

– Within the case of refusing to grant registered copyright certificates or registered associated proper certificates; – State businesses on copyrights or associated rights should notify the candidates in written kinds.

6. Validity of registered copyright certificates and registered associated rights certificates of software program

The validity of registered copyright certificates of software program is prescribed in Article 53, Legislation on Mental property. Accordingly:

– Registered copyright certificates and registered associated rights certificates shall be legitimate all through the Vietnamese territory.

– Registered copyright certificates and registered associated rights certificates, which have been granted by the state administration company in control of copyright and associated rights earlier than the efficient date of this Legislation shall proceed to be legitimate.

These are issues with the copyright registration of software program that LuatVietnam want to ship to readers.

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