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1What are requirements for obtaining copyright protection?

ELITE LAW FIRM: We note that under IP Law of Vietnam, requirement for obtaining copyright protection include:

 

(i) A work is created directly by a natural person (Art. 12(a) and Art.14.3)

 

(ii) A work must be fixed in a certain material form (Point 2, Art. 6)

 

(iii) A work must be completed (Point 4, Art. 19)

 

(iv) A work has to have originality (Point 3, Art. 14)

 

If you have questions or require consultant about copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

 

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ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam

Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com

 

2List the remedies provided for copyrights infringement in the jurisdiction  

ELITE:Under Art. 202 of IP law of Vietnam, the remedies provided for IP/copyright infringement in Vietnam include:

1)Compelling the termination of infringing acts;

2)Compelling the public apology and rectification;

3)Compelling the performance of civil obligations;

4) Compelling the payment of damages;

5) Compelling destruction, distribution or use for non-commercial purposes of goods, raw materials, materials and means used for the production or trading of intellectual property right-infringing goods, provided that such destruction, distribution, or use does not affect the exploitation of rights by intellectual property right holders.

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

3What should the Appellant do if he/she disagrees with the results of the NOIP's first-time Appeal settlement/resolving as to the refusal Decision?

ELITE: According to regulations, if the Appellant does not agree with the first-time Appeal resolving Decision of the NOIP or beyond the prescribed time limit, the Appeal has not been resolved yet, the Appellant has the right to file second-time Appeal to the Minister of Science and Technology (Head of direct superior of the NOIP) or initiate an administrative lawsuit case at the Court in accordance with the Law on Administrative Procedures.

In case the complainant disagrees with the second-time Appeal settlement Decision of the Minister of Science and Technology, or the prescribed time limit expires but the Appeal has not been yet resolved, the Appellant has the right to initiate an administrative lawsuit case at the Court in accordance with the Law on Administrative Procedures.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

4How long does it take to resolve a first-time Appeal against a Decision on refusal of granting a Patent for an invention registration application at the NOIP?

ELITE: According to regulations (Art. 28 and Art. 37 of the Law on Appeal in 2011), the time limit for resolving the first-time Appeal against the Decision on refusal to grant a Patent for an invention application at NOIP must not exceed 30 days from the acceptance date of the Appeal; for complicated cases, the time limit for resolving/settlement may be prolonged, but must not exceed 45 days from the acceptance date.

The time limit for resolving a second-time Appeal must not exceed 45 days from the acceptance date of the Appeal; for complicated cases, the time limit for resolving may be prolonged, but must not exceed 60 days from the acceptance date.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

5What are required documents for filing an Appeal against a Decision on refusal of granting a Patent for an invention registration application at the NOIP?

ELITE: Required documents of an appeal against a Decision on refusal of granting a Patent are as followings:

i) An Appeal Application (under the Form);

ii) An official letter explaining legal reasons/grounds for the Appeal enclosed with the Appeal Application and evidence or supporting documents (if any);

iii) A copy of the NOIP's Decision on refusal of granting a Patent;

iv) An original Power of Attorney signed by the Appellant (in case the Appeal is filed through an IP Representative/Agent);

v) A copy of fee payment for the Appeal.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

6How long is the statute of limitation for filing a first-time Appeal against a refusal Decision for an invention registration application at the NOIP?

ELITE: According to regulations (Article 9 of Law on Complaints 2011), the statute of limitations for filing a first-time Appeal is 90 (ninety) days from the date that the Appellant receives a refusal Decision from the NOIP.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

7What is the purpose of filing an appeal against a Decision on refusal of granting a Patent for an invention registration application?

ELITE: The purpose of filing an appeal against the Decision on refusal of granting a Patent for an invention application is to protect the Invention Applicant’s legitimate rights and interests of in accordance with the law, specifically, requesting the NOIP to reconsider and withdraw the previous refusal Decision and issue a fresh Decision to grant a Patent for the Appellant.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

8What is an appeal against a Decision on refusal of granting a Patent for an invention/patent application

ELITE: An appeal against a Decision on refusal of granting a Patent for an invention registration means that the Invention Applicant having such a refusal Decision issued by the the National Office of Intellectual Property of Vietnam (NOIP) requests the NOIP to reconsiders and withdraws such refusal decision if there are sufficient legal grounds to prove that this Decision is contrary to law provisions, directly infringing upon the Invention Applicant’s legitimate rights and interests.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

9Is there prosecution for copyright infringement in the Internet in Vietnam?  

ELITE LAW FIRM: Yes, copyright infringement in the Internet shall be prosecuted under Art. 28 of IP Law and Art. 225 of Criminal Code of Vietnam.

 

According to Art.28.10 of IP Law, acts of duplicating, reproducing, distributing, displaying, or communicating works to the public via communication networks and by digital means without permission of copyright holders shall be considered as copyright infringement. 

 

If you have questions or require consultant about copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

 

SETTLING INTELLECTUAL PROPERTY RIGHTS DISPUTES QUICKLY AND EFFECTIVELY

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS SECURELY

FOR DOING BUSINESS STRONGLY, DEVELOPING SUCCESSFULLY

 

ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam

Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com

 

10Is copyright registration required to initiate a civil case?

ELITE LAW FIRM: No. In principle, a copyright registration certificate is not required to initiate a civil case under IP Law, Civil Code and other regulations of Vietnam.

 

However, in this case, a copyright holder and a plaintiff need to provide evidence proving he or she has created the original work and is the true owner of the work before the court.

 

If you have questions or require consultant about copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

 

SETTLING INTELLECTUAL PROPERTY RIGHTS DISPUTES QUICKLY AND EFFECTIVELY

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS SECURELY

FOR DOING BUSINESS STRONGLY, DEVELOPING SUCCESSFULLY

 

ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam

Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com

11What types of works are not protected by copyright in Vietnam?

ELITE LAW FIRM: We note that the following objects are not protected as copyrighted works (not covered by copyright protection) under Art. 15 of IP Law of Vietnam:

 

 1. News of the day as mere items of press information.

 

 2. Legal documents, administrative documents and other documents in the judicial domain and their official translations of these documents.

 

 3. Processes, systems, operation methods, concepts, principles, and data.

 

If you have questions or require consultant about copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

 

SETTLING INTELLECTUAL PROPERTY RIGHTS DISPUTES QUICKLY AND EFFECTIVELY

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS SECURELY

FOR DOING BUSINESS STRONGLY, DEVELOPING SUCCESSFULLY

 

ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam

Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com

 

 

12What "works" are subject to copyright ?

ELITE LAW FIRM: We would like to advise that under Article 14 of Vietnam IP Law these following works are subject to copyright protection:

 

1. Architectural works;

 

2.Cinematographic works and works created by a process analogous to cinematography (below collectively referred to as cinematographic works);

 

3.Computer programs and data compilations.

 

4.Dramatic works;

 

5.Folklore and folk-art works of folk culture;

 

6.Lectures, addresses and other sermons;

 

7.Literary and scientific works, textbooks, teaching courses and other works

 

8.Musical works;

 

9.Photographic works;

 

10.Press works;

 

11.Sketches, plans, maps, and drawings related to topography, architecture, or scientific works;

 

12.Works of art, works of applied art.

 

If you have questions or require consultant about copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

 

SETTLING INTELLECTUAL PROPERTY RIGHTS DISPUTES QUICKLY AND EFFECTIVELY

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS SECURELY

FOR DOING BUSINESS STRONGLY, DEVELOPING SUCCESSFULLY

 

ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam

Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com

 

13What is an appeal against a Decision on refusal of granting a Trademark Registration Certificate for a trademark application?

ELITE: An appeal against a Decision on refusal of granting a Trademark Registration Certificate (TRC) for a trademark registration application means that a trademark applicant having such a refusal Decision issued by the the National Office of Intellectual Property of Vietnam (NOIP) requests the NOIP to reconsiders and withdraws such refusal Decision if there are sufficient legal grounds to prove that the said Decision is contrary to law provisions, directly infringing upon the applicant’s legitimate rights and interests.

If you have questions or require consultant about Trademark in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

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