With
the enactment of the Vietnamese Civil Code on July 1, 1996, a
new copyright regulation has also been implemented as described
below:
Works
entitled to protection receive protection upon their creation.
However, registration is possible, and it is highly recommended
to have the works registered upon creation.
Computer Software:
Computer software falls under
copyright protection.
Effect of Protection:
Violation of copyright entitles
the owner of the work to demand cessation of the violation,
an apology, public rectification and payment of indemnification
for damages sustained by the copyright owner.
At
present there are no penal sanctions for copyright violations,
but the drafting of penal sanctions for copyright violations
is being considered.
Duration of Protection:
The personal right over a work is
protected without time limit. The material right over a work
is protected for the whole life of the author and for another
50 years after his death. For certain works, the duration
of protection is limited to 50 years from the date of first
publication of such works.
Rental Rights: Rental
or licensing of a work to a third party is possible, and must
be made in writing on a form acceptable to the Ministry of Culture
and Information.
Extent of Protection: At
present, protection is only granted for works created inside
Vietnam, regardless whether the creator and the owner are Vietnamese.
Works created outside Vietnam are not yet entitled to protection
with the exception of works created by American authors and
first published in Vietnam as agreed in the bilateral Treaty
on Copyright Protection between Vietnam and the U.S. signed
in June 1997. Vietnam has not signed the Berne Convention and
TRIPs (Agreement on Trade-Related Aspects of Intellectual Property
Rights).
Instruction
Notes
Registration of a Copyright:
A person entitled to file a registration may file the registration
at the Copyright Department under the Ministry of Culture and
Information. Evidence of being entitled to register the copyright
must be provided, as well as the following documents:
- Full
name of copyright owner, or person entitled to the copyright.
- Author's
full name or pseudonym.
- Title
of the work for which copyright protection is being claimed.
- Contents
of the work, where it has been published, if ever, as well as
two copies of the work.
- A
duly authorized Power of Attorney.
For more information, please
contact Ms. Vipa Chuenjaipanich,
Co-Managing
Partner and Managing Director, Intellectual Property Department,
Tilleke & Gibbins (e-mail vipa.c@tillekeandgibbins.com).
(Updated
April 1, 2001)
ŠTilleke
& Gibbins, Bangkok, Thailand
