THE GENERATION AND ESTABLISHMENT OF INTELLECTUAL PROPERTY RIGHTS IN THE VIETNAMESE LAW

Legal basis:

– Law on Intellectual Property 2005.

 

  1. Definition of copyright and copyright related rights

Copyright means rights of an organization or individual to works which such organization or individual created or owns. Copyright related rights (hereinafter referred to as related rights) means rights of an organization or individual to performances, audio and visual fixation, and broadcasts and satellite signals carrying coded programmes.

 

  1. The owners of copyright and copyright related rights

Organizations and individuals with works which are protected by copyright comprise persons who directly create such works and copyright holders, including Vietnamese organizations and individuals; foreign organizations and individuals with works published for the first time in Vietnam and not yet published in any other country, or with works also published in Vietnam within thirty days after publication for the first time in another country; and foreign organizations and individuals with works which are protected in Vietnam pursuant to an international treaty on copyright of which the Socialist Republic of Vietnam is a member.

The copyright holders include: Authors; Co-authors; Organizations and individuals who assign tasks to authors or who enter into contracts with authors; Heirs of copyrights; Assignees of rights; The State.

The related right holders include: Performers who their time, make a financial investment in or use their material and technical facilities to give a performance; Producers of audio and video recordings who use their time and make a financial investment in or use their material and technical facilities to produce such audio and video recordings; Broadcasting organizations; Related right owners that are organizations that assign tasks to their organizations and individuals or sign contracts with other organizations and individuals to give performances, produce audio recordings, video recordings, broadcasts; Any organization or individual that inherits related rights; Any organization or individual that is assigned one, several or all of the rights under a contract; The State.

 

  1. Grounds for the generation and establishment of intellectual property rights

Copyright shall arise 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.

Related rights shall arise at the moment a performance, audio and visual fixation, broadcast or satellite signal carrying coded programmes is fixed or displayed without causing loss or damage to copyright.