Copyright and related Right

Copyright is stipulate in particularly in Civil code, Law on Intellectual Property 2005, amended and supplemented in 2009 and Decree No.100/2006/NN-CP: Detailing And Guiding The Implementation Of A Number Of Articles Of The Civil Code And The Intellectual Property Law Regarding The Copyright And Related Rights.

Copyright means rights of an organization or individual to works which such organization or individual created or owns. Copyright shall arise automatically at the moment a work is created and fixed in a certain material form; irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered

As stipulations of Law on Intellectual Property in 2005, amended and supplemented in 2009, Copyright in works shall comprise moral rights and economic rights. Moral rights (except publication rights) shall be protected all whole life of authors and from 50 to 75 years since the author or the final co-author dies.

Copyright-related rights or related rights means rights of organizations and individuals to performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals. The rights of performers shall be protected for fifty (50) years, which starts from the year following the year in which the performance is turn into a fixed form. The rights of producers of audio and video recordings shall be protected for fifty (50) years which starts from the year following the year of publication, or fifty (50) years which starts from the year following the year in which any unpublished audio and video recording is turned into a fixed form. The rights of broadcasting organizations shall be protected for fifty (50) years which starts from the year following the year in which a broadcast is made.

Like the Trademark registration, Copyright registration shall be the important legal bases to resist actions of appropriating copyright, impersonating authors, counterfeiting, infringing on copyright which lead to damage on reputation of authors.

LHD LAW FIRM supplies service on copyright/ related right consultant as follows:

  • Advise in grounds for the generation and establishment of Copyrights; basic limitation of Copyrights/ related rights;
  • Consult and implement procedures relating to copyright/ related rights registration;
  • Consult, represent Clients negotiating  and drafting using agreement, assignment agreement and other contracts relating to  copyright/ related rights registration;
  • Complaint decision relating to issuing copyright/ related rights certificate;
  • Consult, collaborate with competent authorities in solving copyright/ related rights infringement.

 

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