{"id":7363,"date":"2021-09-22T15:03:21","date_gmt":"2021-09-22T08:03:21","guid":{"rendered":"https:\/\/www.cis.vn\/?p=7363"},"modified":"2023-01-11T16:29:53","modified_gmt":"2023-01-11T09:29:53","slug":"bao-ho-ban-quyen-phan-mem-may-tinh-software","status":"publish","type":"post","link":"https:\/\/www.cis.vn\/en\/bao-ho-ban-quyen-phan-mem-may-tinh-software\/","title":{"rendered":"Copyright protection of computer software"},"content":{"rendered":"

In the era of technology 4.0, more and more human activities are replaced by <\/strong>computer software<\/strong><\/span> (also known as software), from daily tasks such as ordering food, shopping, … to more complex duties, such as monitoring, operating, and remotely controlling activities in factories, companies, schools, etc,\u2026<\/strong><\/p>\n

As a result, computer software<\/strong><\/span> becomes an object of extremely high commercial exploitation value<\/strong>. However, many people still have the habit of using it for free without permission, “cracking” computer software, using unauthorized computer software<\/p>\n

As a result, computer software<\/strong><\/span> becomes an object of enormous commercial exploitation value. However, many people still have the habit of using it for free without permission, “cracking” computer software, using unauthorized computer software. Moreover, they even arbitrarily copy and distribute computer software in order to gain illicit profits, causing great damage to computer software programming companies.<\/p>\n

So how do development companies and software developers protect their computer software copyright?<\/p>\n

In this article, we will guide in detail on the procedure for copyright protection of computer software.<\/strong><\/span><\/p>\n

1. What is copyright (author\u2019s right)?<\/strong><\/em><\/span><\/span><\/h3>\n

According to clause 2, Art. 4, Law on Intellectual Property 2005 (as amended 2009, 2019):<\/p>\n\n\n\n
Article 4. Interpretation of terms<\/em><\/strong><\/p>\n

2. <\/em>Copyright<\/em><\/strong><\/span> means rights of organizations and individuals to works they have created or own. <\/em><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

So, <\/em>copyright<\/em><\/strong><\/span> (also called \u201c<\/em>author\u2019s right<\/em><\/strong>\u201d) is a legal term that is used to describe the <\/em>rights of authors<\/em><\/strong> toward the works made by them or the rights of the organization, or individual toward the works owned by them.<\/em><\/p>\n

2. What is copyright protection of computer software<\/em><\/strong>?<\/em><\/strong><\/span><\/span><\/h3>\n

Copyright protection of computer software is the protection of rights for authors and holders of copyright toward computer software following regulations of intellectual property law.<\/p>\n

According to point m, clause 1, Art. 14 and clause 1, Art. 22 Law on Intellectual Property 2005 (as amended 2009, 2019), computer software is protected under form of computer copyright program, following that:<\/p>\n\n\n\n
Article 14. Types of works covered by copyright<\/em><\/strong><\/p>\n

1. Literary, artistic and scientific works covered by copyright include:<\/em><\/p>\n

m) Computer programs<\/strong> and compilations of data.<\/em><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n
Article 22. Copyright to computer programs and compilations of data\u00a0 <\/em><\/strong><\/p>\n

1. A computer program means a set of instructions which is expressed in form of commands, codes, diagrams or any other form and, when incorporated in a device readable to computers, capable of enabling such computers to perform a job or achieve a designated result.<\/em><\/p>\n

Computer programs shall be protected like literary works, irrespective of whether they are expressed in form of source codes or machine codes.<\/em><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Law on Copyright protects the author created computer software<\/strong><\/span> directly and holder of computer software<\/strong><\/span> copyright. Therefore, we have 2 subjects: the author and the holder of copyright, specially:<\/p>\n

Art. 37, Law on Intellectual Property 2005 (as amended 2009, 2019) stipulates that:<\/p>\n\n\n\n
Article 37. Copyright holders being authors<\/em><\/strong><\/p>\n

Authors who use their own time, finance and material-technical foundations to create works shall have the moral rights specified in Article 19 and the economic rights specified in Article 20 of this Law.<\/em><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

For computer software copyright holders, they may be: an organization or individual that assigns tasks to the author or enters into a contract with the author; or organizations or individuals inheriting copyright; or organizations or individuals are assigned one of the copyrights, some, or all of the copyright rights.<\/p>\n

3. Why do we have to register for copyright protection of computer software<\/strong>?<\/strong><\/em><\/span><\/span><\/h3>\n

According to clause 1, Art. 6 Law on Intellectual Property 2005 (as amended 2009, 2019):<\/p>\n\n\n\n
Article 6. Bases for the emergence and establishment of intellectual property rights<\/em><\/strong><\/p>\n

1. Copyright shall arise at the moment when a work is created and fixed in a certain material form, irrespective of its content, quality, presentation, means of fixation, language and whether or not it has been published or registered.<\/em><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

So, after the computer software<\/strong><\/span> is completely created, its copyright will be protected automatically<\/strong>, independent of whether or not the computer software has been registered. However, in fact, law always encourage authors or holders to register copyright protection of computer software in order to get the \u201cCertificates of registered copyright<\/strong>\u201d.<\/p>\n

According to clause 3, Art. 49 Law on Intellectual Property 2005 (as amended 2009, 2019):<\/p>\n\n\n\n
Article 49. Registration of copyright or related rights<\/em><\/strong><\/p>\n

3. Organizations and individuals that are granted certificates of registered copyright or certificates of registered related rights shall not have to bear the burden of proof of such copyright and related rights upon disputes, unless rebutting proofs are adduced.<\/em><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

So, if you have registered for copyright of computer software<\/strong><\/span>, you will not have to bear the burden of proof of such copyright upon disputes, unless rebutting proofs are adduced.<\/p>\n

4. How to register for copyright protection of computer software?<\/em><\/strong><\/span><\/span><\/h3>\n

Procedures for computer software copyright registration<\/strong><\/span> are carried out according to the following steps:<\/p>\n

Step 1:<\/u><\/strong> Completing the computer software (the work will be registered) and preparing the documentation for registering;<\/p>\n

Step 2:<\/u><\/strong> Submitting the documentation for registering at Copyright Office of Vietnam;<\/p>\n

Step 3:<\/u><\/strong> Copyright Office of Vietnam will examine and grant of certificates of registered copyright (if qualified).<\/p>\n

5<\/em><\/strong>. <\/em><\/strong>What includes in the documentation of registration copyright of computer software<\/em><\/strong>? <\/em><\/strong><\/span><\/span><\/h3>\n

Documentation of registertration copyright of computer software <\/strong><\/span>includes:<\/p>\n

    \n
  1. Declaration of computer software copyright registration (download<\/a>);<\/strong><\/span><\/li>\n
  2. Citizen identity card of the Author;<\/li>\n
  3. Citizen identity card of the Copyright Owner if he is an individual or Business Registration Certificate if it is a Company;<\/li>\n
  4. Computer software (also known as software) which you want to register for;<\/li>\n
  5. Letter of Authorization, if the applicant is an authorized person;<\/li>\n
  6. Documents evidencing the right to submit the register file, if the applicant benefits from that right of another person through inheritance, transfer, or inheritance;<\/li>\n
  7. Written consent of co-authors, if the computer software is created by co-authored;<\/li>\n
  8. Written consent of the co-owners, if the copyright is jointly owned.<\/li>\n<\/ol>\n

    \"to-khai-dang-ky\"<\/p>\n

    Documents specified at points 3, 4, 5 and 6 must be writen in Vietnamese; if it is done in a foreign language, it must be translated into Vietnamese and notarized\/certified. Documents attached to the computer software copyright registration dossier, if they are copies, must be notarized or authenticated.<\/p>\n

    6. How long do the copyright registration certificates take effect?<\/em><\/strong><\/span><\/span><\/h3>\n

    According to clause 2, Art. 27 Law on Intellectual Property 2005 (as amended 2009, 2019):<\/p>\n\n\n\n
    Article 27. Term of copyright protection<\/em><\/strong><\/p>\n

    2. The moral rights provided for in Clause 3, Article 19 and the economic rights provided for in Article 20 of this Law shall enjoy the following terms of protection: <\/em><\/p>\n

    a) Cinematographic works, photographic works, dramatic works, works of applied art and anonymous works shall have the term of protection of fifty years as from the date of first publication. Within fifty years after the fixation of a cinematographic work or dramatic work, if such work has not been published, the term of protection shall be calculated from the date of its fixation. For anonymous works, when information on their authors appears, the term of protection shall be calculated under the provisions of Point b of this Clause. <\/em><\/p>\n

    b) A work not specified at Point a of this Clause shall be protected for the whole life of the author and for fifty years after his\/her death. For work under joint authorship, the term of protection shall expire in the fiftieth year after the death of the last surviving co-author; <\/em><\/p>\n

    c) The term of protection specified at Points a and b of this Clause shall expire at 24:00 of December 31 of the year of expiration of the copyright protection term<\/em><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

    Therefore, the term of copyright protection of computer software will be divided into 2 cases:<\/p>\n

    ♦ Case 1:<\/u><\/strong> Anonymous computer software<\/strong><\/span> is computer software that is published without or without the author’s name. Its term of protection is 75 years<\/strong> from the date the computer software is firstly published.<\/p>\n

    ♦ Case 2:<\/u><\/strong> Computer software<\/strong><\/span> with author information, the term of protection is for the whole life of the author<\/strong> and 50 years following the year of the author’s death<\/strong>. For work under joint authorship, the term of protection shall expire in the fiftieth year<\/strong> after the death of the last surviving co-author.<\/p>\n

    7. Software copyright registration experience<\/em><\/strong><\/span><\/span><\/h3>\n

    Not all computer software copyright<\/strong><\/span> applications are created equal. For each case, the composition of the file and the contents of the computer software copyright registration file also have their own characteristics. For examples:<\/p>\n

    – The author is also<\/strong> the copyright owner of computer software;<\/p>\n

    – The author is not concurrently<\/strong> the owner of the computer software copyright (company employee, or outsourced employee…);<\/p>\n

    – Computer software with co-authors<\/strong> (many people jointly design and program computer software);<\/p>\n

    If you do not fully prepare the application components and do not fill in all the information in each type of application, the Copyright Office may reject<\/strong> the application. Therefore, you need to contact a professional organization to evaluate whether your computer software<\/strong><\/span> meets the conditions. So that, they can advise and help you complete the computer software copyright<\/strong><\/span> registration file in the best way.<\/p>\n

    8. Computer software copyright registration service in CIS Law Firm<\/em><\/strong><\/span><\/span><\/h3>\n

    Lawyers and specialists of CIS Law Firm have received intensive training in copyright and Intellectual Property from the World Intellectual Property Organization (WIPO)<\/strong>. We are qualified and experienced to assist you:<\/p>\n

    – Consulting on registration of computer software copyright.<\/p>\n

    – Complete the file, follow up on the computer software copyright application and respond to the registry office (if any).<\/p>\n

    – Receipt of computer software copyright registration certificate.<\/p>\n

    – Appeal decisions related to computer software copyright licensing.<\/p>\n

    If you want to consult or want to <\/em>register for copyright protection<\/em><\/strong><\/span>, please contact the information below:<\/em><\/p>\n

    INTELLECTUAL PROPERTY DEPARTMENT – C<\/strong>IS LAW FIRM<\/strong><\/span><\/p>\n

    109 Hoang Sa, Da Kao Ward, District 1, City. Ho Chi Minh
    \n<\/strong>Phone: 028 3911 8580 \u2013 091 911 8580
    \n<\/strong>Email: info@cis.vn<\/a> \u2013 sohuutritue@cis.vn<\/a><\/strong><\/p>","protected":false},"excerpt":{"rendered":"

    In the era of technology 4.0, more and more human activities are replaced by computer software (also known as software), from daily tasks such as ordering food, shopping, … to more complex duties, such as monitoring, operating, and remotely controlling activities in factories, companies, schools, etc,\u2026 As a result, computer software becomes an object of extremely high commercial exploitation value. However, many people still have the habit of using it… <\/p>\n","protected":false},"author":1,"featured_media":7365,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[1,1065],"tags":[1517,1960,1961,1518,1519,1962,19],"_links":{"self":[{"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/posts\/7363"}],"collection":[{"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/comments?post=7363"}],"version-history":[{"count":5,"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/posts\/7363\/revisions"}],"predecessor-version":[{"id":11196,"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/posts\/7363\/revisions\/11196"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/media\/7365"}],"wp:attachment":[{"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/media?parent=7363"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/categories?post=7363"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/tags?post=7363"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}