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Forms of Transferring Copyright in Vietnam

The transfer of copyright involves the transfer of some or all property rights under copyright and the right to disclose a work to another organization or individual as stipulated by Vietnamese law. How many forms of transferring copyright in Vietnam exist, and what is the procedure for such transfers?

Forms of Transferring Copyright in Vietnam

According to the regulations of the Intellectual Property Law of Vietnam, there are two forms of transferring copyright: copyright assignment and the transfer of the right to use copyright.

Comparison of Copyright Transfer Forms:

  • Similarities: The rights transferred are the same, including property rights within the scope of copyright and the right to disclose the work.
  • Differences: Copyright assignment involves transferring ownership, while the transfer of the right to use copyright only allows for a limited period of use and does not transfer ownership.

According to Article 45 of the Intellectual Property Law, copyright assignment is the act of the copyright owner transferring ownership rights to the following rights to another organization or individual:

  • The right to disclose the work or permit others to disclose the work.
  • All property rights within the scope of copyright, including the right to create derivative works, the right to perform the work in public, the right to copy the work, the right to distribute, import the original or copies of the work, the right to communicate the work to the public via various means, and the right to lease the original or copies of cinematographic works, computer programs, etc.

If a work has joint owners, the assignment must be agreed upon by all joint owners. Even if there are joint owners, if the work has separable parts that can be independently used, the copyright owner has the right to assign copyright for that specific part.

The copyright assignment agreement in Vietnam must be in writing and executed, amended, terminated, or canceled according to the provisions of the Civil Code.

Key contents of the Copyright Assignment Agreement in Vietnam:

  • Name and address of the assignor and the assignee.
  • Basis for the assignment.
  • Price and payment method.
  • Rights and obligations of the parties in the agreement.
  • Responsibilities in case of a breach of the agreement.

According to Article 47 of the Intellectual Property Law, the transfer of the right to use copyright is when the copyright owner allows another organization or individual to use the following rights for a limited period:

  • The right to disclose the work or permit others to disclose the work.
  • All property rights within the scope of copyright, including the right to create derivative works, the right to perform the work in public, the right to copy the work, the right to distribute, import the original or copies of the work, the right to communicate the work to the public via various means, and the right to lease the original or copies of cinematographic works, computer programs, etc.

If a work has joint owners, the transfer of the right to use must be agreed upon by all joint owners. Even if there are joint owners, if the work has separable parts that can be independently used, the copyright owner has the right to transfer the right to use copyright for that specific part.

An organization or individual receiving the transfer of the right to use copyright can further transfer that right to a third party with the consent of the copyright owner.

The copyright usage agreement in Vietnam must be in writing and executed, amended, terminated, or canceled according to the provisions of the Civil Code.

Key contents of the Copyright Usage Agreement in Vietnam:

  • Name and address of the parties in the agreement.
  • Basis for the transfer of the right to use.
  • Scope of the transferred right to use.
  • Price and payment method.
  • Rights and obligations of the parties in the agreement.
  • Responsibilities in case of a breach of the agreement.

Intellectual Property Services in Vietnam

We are a professional organization operating in the field of intellectual property in Vietnam. With a team of certified lawyers specialized in intellectual property, we proudly provide consulting and copyright protection services in Vietnam for organizations and individuals, both domestic and foreign, at reasonable costs. Contact us now for quick and professional guidance and support in the copyright protection process in Vietnam.

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DCNH LAW

Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.

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Email: [email protected]

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