Registration of Copyright of Software, Computer Program in Vietnam
Email: vinh@bross.vn
Software or broadly speaking computer program is regarded as one of 12 types of scientific artistic literary works copyrightable in Vietnam if it is created and fixed in a certain material form with originality[1]. Computer program means a set of instructions expressed in the form of commands, codes, diagrams and other forms which, when incorporated in a device readable by a computer, are capable of enabling such computer to perform a job or achieve a specific result.
It is not mandatory for you to apply for certificate of registration of a copyrightable software but such certificate is deemed as the prima facie evidence of ownership of copyright thereof.
Where the owner of copyright is also the author (co-authors), required documents consist of:
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A notarized Power of Attorney in favor of Bross & Partners along with the certified Vietnamese translation thereof. Kindly note that this PoA shall be authenticated by the competent authority or by the notary public in a country where the author is residing or has nationality
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A certified copy of passport of the authors or co-authors along with the certified Vietnamese translation thereof
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Other information: pen-name, address, telephone, facsimile number
Where the owner of copyright is an entity or organization, required documents comprise
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A notarized Power of Attorney in favor of Bross & Partners along with the certified Vietnamese translation thereof. Kindly note that this PoA shall be authenticated by the competent authority or by the notary public in a country where the owner was established
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A certified copy of passport of the authors or co-authors along with the certified Vietnamese translation thereof
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A notarized Deed of Assignment signed by all authors (in case of commissioned work) declaring the transfer of ownership to an organization or company, or a notarized certificate of the work subject to registration is created on the employment relation along with the certified Vietnamese translation thereof- 1 copy (in the form of set)
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A certified copy of certificate of business registration or organization’s establishment license along with the certified Vietnamese translation thereof;
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A certified copy of decision issued by the Board of Members or the Board of Directors on assigning the creation duty to the author who is the employee of the company who created the work;
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Other information: pen-name, address, telephone, facsimile number
Requirement for a computer program as software
1. All-inclusive of commands, code, source code, etc., must be printed out and prepared in a booklet whose cover page indicates the name of the work – 3 copies
2. CD-R (containing programming language, code, etc.) - 3 copies;
3. A notarized commitment letter made by the author confirming not to infringe upon other’s copyright when he/she developed computer programs along with a Vietnamese certified translation thereof - 1 copy.
4. Other information: whether the work has been published or not, date of publication.
Requirement for a computer program as a data collection
Data collection means a set of data selected or arranged in a creative way and expressed in
electronic or other forms.
1. A description of data collection subject to copyright registration (the layout of the software, printing out a few main interfaces, stating the purpose, meaning and characteristics of the software need to be indicated, wherein you should show distinctive and unique characteristics of the subject work compared to other similar works along with instructions for use ...). These printouts must be made in the form of booklet whose cover page indicates the name of the work - 3 copies
2. CD-R (containing programming language, code, etc.) - 3 copies;
3. A notarized commitment letter made by the author confirming not to infringe upon other’s copyright when he/she developed computer programs along with a Vietnamese certified translation thereof - 1 copy.
4. Other information: whether the work has been published or not, date of publication.
Procedures and time limit for granting a certification
The agency in charge of receiving and granting certificate of copyright registration is the Vietnam Copyright Office (“COV”). COV shall not examine computer programs or data collection as to originality but only formality check before grant. Where the application is regarded legitimate, a certificate of copyright registration will be issued within 3 weeks.
Should you have specific needs, please contact: vinh@bross.vn; cellphone 84-903 287 057, 84-4-3555 3466; Wechat: wxid_56evtn82p2vf22; Skype: vinh.bross.
Bross & Partners, a renowned and qualified Patent, Design, Trademark and Copyright agent of Vietnam, constantly ranked and recommended by the Managing Intellectual Property (MIP), World Trademark Review (WTR), Legal 500 Asia Pacific, AsiaLaw Profiles, Asia IP and Asian Legal Business, is providing clients all over the world with the reliable, affordable contentious and non-contentious IP services including enforcement, anti-counterfeiting, litigation regarding trademark, trade name, industrial design, patent, copyright and domain name.