Issues of copyright protection with foreign elements

Issues of copyright protection with foreign elements

With the current level of development, the exchange and dissemination of culture between countries is highly necessary. At such times, foreign copyrights are also paid great attention to, in order to protect works and authors as well as promote creative development and attract foreign investment in the fields of authorship and culture. How about Issues of copyright protection with foreign elements?

Who can register a copyright with foreign elements?

According to Article 13 of the Law on Intellectual Property, organizations, and individuals who have copyrighted works include those who directly create the works and copyright owners.

Specifically, authors and copyright owners include:

– Vietnamese organizations and individuals;

– Foreign organizations and individuals whose works are first published in Vietnam and have not been published in any other country or are published simultaneously in Vietnam within 30 days from the date the works are first published in another country;

– Foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties to which the Socialist Republic of Vietnam is a party.

Therefore, according to the above regulations, copyright with foreign elements can be understood as foreign organizations and individuals whose works were first published in Vietnam and foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties.

Principles of copyright protection with foreign elements

The principles of copyright protection with foreign elements are divided into 02 cases:

– Works protected under the provisions of an international treaty on copyright to which Vietnam is a party. In this case, the provisions of the international treaty that Vietnam is a party to will be applied to regulate copyright protection.

Currently, Vietnam is a party to international treaties such as the Berne Convention, the Agreement between Vietnam and the United States…

– In the absence of an international treaty: Copyright protection for foreign elements in Vietnam is carried out in the following cases:

+ Works first published in Vietnam;

+ Works published in Vietnam within 30 days from the date of first publication in other countries.

Copyright protection with foreign elements under Vietnamese law and international law

According to Article 774 of the 2015 Civil Code regulating copyright with foreign elements:

“The copyright of foreign individuals and foreign legal entities for works first published or disclosed in a certain form in Vietnam or created and expressed in a certain form in Vietnam shall be protected in accordance with the law of the Socialist Republic of Vietnam and international treaties to which the Socialist Republic of Vietnam is a party.”

In addition, Article 13 of the Law on Intellectual Property also regulates the registration of copyright protection for Vietnamese organizations, individuals, foreign organizations, and individuals within 30 days from the date the works are first published abroad is also protected in Vietnam. 

Current forms of international copyright protection include:

– Signing or joining multilateral international treaties such as the Berne Convention 1886, the TRIPs Agreement 1994, the WPPT Treaty 1994…

– Signing bilateral agreements such as the Vietnam-US Agreement 1997, the Vietnam-Switzerland Agreement 1999… 

– Protection based on the principle of reciprocity: The parties grant each other protection for the works of citizens of each party.”

Above is the article:”Issues of copyright protection with foreign elements” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
Call/WhatsApp: (+84) 9 0228 3469
Thanks a lot.

Scroll to top