How do I find out whether a product is copyrighted or not?

All artistic, literary, and musical works have copyright protection the instant they are fixed in a physical form.

Copyright in Vietnam 

-If you sketch an illustration on a cocktail napkin, it’s copyrighted.

-If you take a photograph with a camera, it’s copyrighted.

-If you write a blog post that has at least a minimal degree of creative authorship, it’s copyrighted.

-If you make up a new tune and record yourself whistling it, it’s copyrighted.

However, that copyright doesn’t last forever. The duration of copyright protection varies from country to country, and may depend on such factors as whether it was created by an individual or a corporation, and if and when it was published. For most countries, copyright protection lasts for 50–70 years after the creator’s death.

So, find out what the laws of your country are on copyright duration, and research the relevant factors for the creative work whose copyright you are trying to determine.

Source:David Mullich

If you are interested in finding a Copyright Law Firm in Vietnam, let ANT Lawyers help. We can connect you with a skilled lawyer that is much more affordable than a traditional law firm attorney. Check us out and please get in touch if you’d like more assistance. Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529. Best of luck!

Read More

How do I protect intellectual property for my software?

First, you must protect the code. You must have agreements with the developers, confirming that any code they will develop working on your project is your sole property. This is a must. You might want an attorney to draft the agreement. Copyright will protect the code once it is created, you might get an official protection. However, you will have to publish the source code, in this case.

Software Compliance Lawyer in Vietnam

Second, you must protect the trademark (this can wait if you are low on cash). It has to be protected, otherwise someone else can monetize on your success, nonetheless, you can protect it once your software starts selling. However, I do recommend checking if the name is available prior to naming your software, it might be painful to change the name when the software is published.

Third, you can protect some features of your software with patents. Patents are the main reason why Microsoft is flourishing.

Source: Quora

If you are looking for an IP attorney, but are concerned about the typical costs associated with the traditional legal search, you should visit ANT Lawyers where we work to trim those costs. We will match you with an experienced IP attorney in Vietnam for a free, no obligation consultation. Hope this helps.

Read More

Sanctioning for violations of computer software copyright

According to Article 2 (viii) of the Stockholm Convention on 14 July 1967 on the establishment of the World Intellectual Property Organization, intellectual property is defined as the rights related to: Literary works, art and science works, performance of performers, sound recording, video recording, inventions in all areas of human endeavor, Scientific Invention, Industrial Designs, Trademarks (goods), service marks, trade names and indications , logos, Rights (protection) against unfair competition and all other rights are the result of Intellectual activities in industry / engineering, science, literature or arts.

The Berne Convention gives authors a lifetime of copyright and a minimum of 50 years thereafter. However, countries that comply with the convention are allowed to extend the term of copyright.

Software Compliance Law Firm in Vietnam

Depending on the laws of each country, works may be regulated and may have different protections. Copyright infringement of a work can be understood as an act of verbatim copying of part or the whole of a pre-existing work but without the permission of the copyrighted person or unauthorized transmission of part or the whole of a work which is not under his copyright. More specifically, the text is not copied verbatim, but the whole idea as well as the order of presentation of a work are copied. This type of infringement is harder to spot but can still be considered a form of copyright infringement if there is evidence that a "copy" is imitating the prototype. It can be seen that the examples in the master thesis do not specify the source and the main author. The text is not copied in its original form but translated with creative ideas (in other languages ​​or in other formats) is also considered copyright infringement.

Under the 2005 Intellectual Property Law, computer programs or computer software are protected by copyright as protection of a literary work whether expressed in source code or machine code. Therefore, copyright in computer software is also fully protected with personal rights and related rights. The protection of laws on intellectual property products is the basis to encourage individuals and organizations to create useful products. But with the current situation of infringement of intellectual property rights, especially for computer programs and software, the copyright infringement is up to 80%. Most of the computer software programs, if individuals want to use it, have to pay royalties to manufacturers. Normally, this fee is calculated annually, but many individuals and organizations use this reason to use pirated software without copyright.

So how will violators be penalized? Depending on the seriousness, violators may be administratively sanctioned or examined for criminal prosecution. Specifically:

Firstly, regarding administrative handling: Organizations and individuals will be fined from VND 15,000,000 to VND 35,000,000 / 1 software product, if they commit acts of copying computer programs without permission of the copyright owner. At the same time, these organizations and individuals will be forced to remove infringing copies on the digital and cyber environment or destroy the material evidence. According to Article 18 of Decree No. 131/2013 / ND-CP (amended and supplemented by Decree No. 28/2017 / ND-CP), specifically:

A fine of from VND 15,000,000 to VND 35,000,000 shall be imposed for copying a work without permission of the copyright owner. At the same time, the application of remedial measures is to force the removal of copies of infringing works in electronic form, on digital and network environment or forcible destruction of infringing material evidences.

Secondly, on criminal prosecution:

Article 225 of the Criminal Code 2015 (amended in 2017) provides for the Crime of infringement of copyright and related rights as follows:

"Those who are not allowed by the copyright or related right owner to intentionally commit one of the following acts, infringe the copyright and related rights being protected in Vietnam on a commercial scale or gain illicit profits of between VND 50,000,000 and under VND 300,000,000 or cause damage to copyright or related rights owner from VND 100,000,000 to under VND 500,000,000 or infringing goods valued at from VND 100,000 .000 VND to less than VND 500,000,000 will be imposed a fine of from VND 50,000,000 to VND 300,000,000 or face non-custodial reform for up to 03 years:

a) Copying works, sound records, video records;

b) Distribute to the public a copy of the work, a copy of the sound recording, a copy of the video recording. "

In cases of aggravating factors, a fine of between VND 300,000,000 and VND 1,000,000,000 will be imposed or a prison term of between 6 months and 3 years. If a commercial entity commits an offense, the fine level will be higher for an individual, possibly liable to a fine of from VND 500,000,000 to VND 5,000,000,000, suspended from operation for between 06 months and 02 years or banned business, banned activities in certain fields or raising capital from 01 year to 03 years. The applicable penalty will depend on the seriousness of the violation.

If you're looking for an affordable IP attorneys in Vietnam, check out ANTLawyers.vn. ANTLawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

Read More

Main points of the Berne Convention on copyright?

The Berne Convention is a convention for the protection of works of art signed in Berne, Switzerland in 1886. The Convention sets out three basic principles and a the provisions defining minimum protection as well as special provisions for developing countries on copyright.

Copyright in Vietnam

1. The principles of copyright protection under the Berne Convention

1.1. Principle of national treatment

The principle of national treatment is the basic and important principle not only recognized in the Berne Convention but also in many other international treaties on intellectual property as well as in the laws of many countries in the world.

1.2. Principles of automatic protection

Copyright protection is the protection of individual creativity in the form of expressing ideas, therefore, when people create and express ideas in a certain objective form, they also generate copyright without a conditions or procedures.

1.3. Principles of independent protection

The enjoyment and performance of the rights of independent protection are not subject to any formula or procedures; this enjoyment and performance are completely independent of whether the work is protected in the country of origin or not. Therefore, in addition to the provisions of this Convention, the level of protection as well as the means of claiming guarantees for authors to protect their rights will be entirely determined by the law of the country where the protection is applied.

2. Impact of copyright protection principles in the Berne Convention on Vietnam

When Vietnam joined the Berne 1886 Convention, there were changes and impacts on the system and process of copyright protection. In October 2004, the Berne Convention entered into force in Vietnam. It can be said that it marked an important step in the process of international integration and can be considered as a day to open a future for the copyright industry in Vietnam.

The Berne Convention has created a legal framework, creating a basis for Vietnam to improve the system of copyright protection laws (Intellectual Property Law, Civil Code) in accordance with international treaties, provide a legal environment for comprehensive international integration. The accession to the Berne Convention is open to authors, owners of works, financial investors and services in this area of ​​Vietnam that may facilitate the transfer of copyrights of type of literary, artistic and scientific works.

Prospects for expanding investment and expanding the market of Vietnamese literary and artistic works in the convention member countries and the convention's member states in Vietnam are developed. In addition, Vietnam's cultural environment is also purified, avoiding copyright infringement, using other people's works to exploit excluded profits.

According to the Berne Convention with the principle of automatic protection, works of Vietnamese authors will be automatically protected for all countries that are parties to the Convention. But at the same time, with that benefit, it is the responsibility of protection of works by authors from over 160 Berne Union member countries. The objects are literary, artistic and scientific works that Vietnam has to protect very diverse. This is really a heavy responsibility, requiring us to seriously implement our commitment to copyright protection.

3. Achievements and obstacles when Vietnam joins the Berne Convention

Since Vietnam joined the Berne Convention, in social life, awareness of the use of literary, artistic and scientific works for profit purposes without permission of the author is a violation of the law is increasing. The authors have taken more care and initiative in protecting their creations or possessive. Organizations and associations that protect the rights of authors increasingly assert their role, effectively protect the rights in accordance with the law of the author.

However, the situation of copyright infringement is still complicated with frequent levels in most areas and in an alarming situation. The authorities have encountered many difficulties in the enforcement of copyright. The handling of violations of copyright still faces many difficulties and inadequacies. Currently, there has not been adequate attention to the copyright incentives enjoyed by Vietnam.

If you're looking for an affordable IP attorneys in Vietnam, check out ANTLawyers.vn. ANTLawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

Read More

Should I copyright my book before sending it to publishing companies?

From a publisher’s perspective, stealing content would be bad for business. It’s their job to pay you for your work if they like it. To steal it and have someone else write it would just be a tedious ordeal that nobody would put time or effort into doing. It makes no financial sense for the publishing company to operate that way. It simply doesn’t happen.

Copyright in Vietnam 

With that said, it does sound like you need some more information about how to copyright your book. It’s true that once you’ve written something and attached your name to it, then technically it has a copyright already. However, the difference is that without a formal copyright, you will have a harder time in the event that someone ever does plagiarize your work and try to sell it as their own.

Hope this helps!

Read More

How does copyright work?

The law says that only the creator of a work, or his heirs, and no one else, has the right to make copies of it. Thus “copyright.”

The creator can lease out that right, give it away, whatever, but it’s his.

Copyright in Vietnam 

All the complications (and there are many) result from deciding who the creator is, what constitutes a copy, and how long copyright should last. Especially what constitutes a copy.

As for how it works in practice, copyright infringement — that is, making a copy without the creator’s permission — is a civil offense, not a criminal one. (What you do with the copies may well be criminal, though, since they’re stolen property.) That means that you won’t be arrested for copyright infringement, but you can be sued, and if you lose the suit you will be ordered to pay the creator everything you made off the infringement, plus any damages the creator can show to his own use of the property, plus (if the copyright was registered) punitive (punishment) damages.

Source: Quora 

Read More

How can I get copyright?

Copyright can be attained for any original expression of an idea or work. Remember the idea must be in a tangible form; this means that the work that you want to copyright must have a physical presence so that is can be represented to the examiner in that format.

Copyright in Vietnam 

What can be registered as Copyright?

The application for copyright can be made for the following works:

-Literary works such as books and poems

-Dramatic works and theatrical plays

-Cinematographic films and videos

-Original musical works and sound recordings, excluding any actions and words to be included while performing the musical work

-Artistic works such as paintings, photographs and technical drawings including architectural designs

Copyright Registration Process

Registration of copyright can be done through physical as well as through online method and the documents that you require to file the copyright application with the relevant authority are:

1.Work Copies

Copy of the original work that is to be submitted with the examiner (3 copies).

2.Applicant Details

The identity proof of the applicant that should include

-Passport

-Driving License

3. Address Proof

The applicant will have to submit the following as address proof of the applicant

-Utility bills(water and electricity bill)

-Passport

-Rent Agreement if residing in a rented premise.

The application for copyright protection goes through the following process:

1.Filing Application

-The process to complete the filing of the application process might take around 3 days.

-The applicant needs to submit the application with Form-XIV along with all the documents and registration fee.

-If you are submitting the form physically at the Copyright Office then, you need to submit the fee through a Demand Draft.

2.Objection

-The objection on the filed application is raised wherein the applicant has to provide answers to the examiner within the stipulated time period.

-The examiner can also call for a hearing wherein a decision to provide registration or not can be taken. The applicant will have to wait for a period of 30 days before the application is moved onto the next stage.

3. Examination

-Once the objections are cleared the examiner checks the application further for any discrepancies and errors.

-If the examiner finds any discrepancy with the application he will notify the applicant with a discrepancy letter and then the applicant will have to make a reply to the letter justifying the issues that are raised in the examination.

4.Registration

-Once the examination process is done with the applicant will receive notification from the examiner and from there on the person can use the copyright symbol along with his work.

 Source: Quora 

Read More

Registering Copyright Services in Vietnam

Under Law on Intellectual Property of Vietnam, copyright means rights of an organization or individual to Work which such organization or individual created or owns. In addition, the subject matter of copyright shall comprise literary, artistic and scientific works; the subject matter of copyright related rights shall comprise performances, audio and visual fixation, broadcasts and satellite signals carrying coded programs.

Copyright in Vietnam 

However, in fact, it is challenging to prove the owner’s copyright if there is no prior prepared evidence. A registration of copyright is the most important proof if violation or dispute happens. The copyright registration shall deter infringement, when owner can prove that the Work is protected under copyright law.

With highly professional staff and great experience in intellectual property aspect in Vietnam, ANT Lawyers would like to support you in registering and protecting your copyright and related rights in Vietnam as following:

Our services in copyright registration

-Provision of professional opinions and advice in relation to registration of copyright and related copyright;

-Advising, preparation, drafting, filing and prosecution of registration of copyright and related copyright;

-Provision of professional opinions and advice in relation to license and assignment of copyright and related copyright;

-Appeal and cancellation;

-Proceedings before the judicial authorities.

How to register a copyright or related rights in Vietnam?

Condition of copyright registration

A Work shall be registered its owner’s copyright if it does meet the following conditions:

-The ideas of the Work shall be presented particularly in a visible material

-The Work shall be original (Be made directly by the author without copying from any other works or people).

Required information and document

-Original Power of Attorney (POA) from the Applicant;

-Information of the author such as: Full name, Identify Card Number, Current address, permanent address; …

-Information of the Works such as: Name, the date of publication (if any), the place of Publication (if any); …

-Business registration certificate or establishment certificate (if applicant is association or organization);

-Written promise of being ownership of the work of the applicant;

-Some other specialized document with each specified aspect.

Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.

 Duration of copyright protection

-The following rights are protected forever:

-Right to give titles to their works.

-Right to attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used.

-Right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.

The following rights are protected within the stipulated duration in law

-Right to make derivative works;

-Right to display their works to the public;

-Right to reproduce their works;

-Right to distribute or import the original or copies of their works;

-Right to communicate their works to the public by wireless or landline means, electronic information networks or other technical means;

-Right to lease the original or copies of cinematographic works and computer programs;

-Right to reproduce their works.

The protection duration of each type of Work with the above rights shall be different. In particularly, cinematographic works, photographic works, stage works, applied art works and anonymous works shall have a term of protection of fifty (50) years as from the date of first publication. Other work shall be protected for the whole life of the author and for fifty (50) years after his or her death.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management.

Read More