Asoka Law shares experiences in copyright protection and guides on registering and transferring copyright and related rights in Vietnam and internationally.
WHAT IS LOGO COPYRIGHT?
Logo is a graphic element combining letters, lines, shapes, and colors, etc., containing the information that the creator wants to convey. Simply, the logo is the "avatar" expressing the content and message of a brand, an organization, a contest, and an event, etc. In addition, the logo also plays an important role in brand recognition and making a strong impression on consumers.
Regarding the copyright, currently there is no official definition for this term. In fact, we mention “copyright” to refer to a form of protection for copyright and related rights.
Thus, logo copyright is known as the rights of organizations and individuals to the logos they create or own.
Asoka IP Law is the organization specialized on consulting and providing services regarding copyright and related rights
WHO HAS THE RIGHT TO APPLY FOR COPYRIGHT REGISTRATION OF LOGO?
According to Article 38 of Decree No. 17/2023/ND-CP, authors and copyright owners of logos can apply for registration directly or through a representative, specifically as follows:
HOW TO REGISTER COPYRIGHT OF LOGO
1. Registration documents:
According to Clause 2, Article 50 of the Intellectual Property Law, Article 43 of Decree No. 17/2023/ND-CP and instructions of the Copyright Office of Vietnam, the registration application includes the following documents:
i) Copyright registration declaration according to Form No. 02 (Appendix I issued with Circular No. 08/2023/TT-BVHTTDL) signed or fingerprinted by the author or copyright owner, except in cases where the registrant is physically incapable of signing or fingerprinting;
ii) 02 copies of the logo are clearly displayed on A4 paper size, accurately showing the layout, lines, colors, and shapes of the entire work. In case the logo contains letters and words that are not Vietnamese, the pronunciation must be clearly stated (transliterated into Vietnamese) and if those letters and words have meaning, they must be translated into Vietnamese; containing numbers other than Arabic or Roman numerals, they must be translated into Arabic numerals;
iii) Authorization document if the applicant is the person authorized by the author or copyright owner;
iv) Documents proving that the owner of the rights is self-created or assigned creative tasks, enters creative contracts, inherited, or transfered rights:
- Documents proving identity for individuals: 01 copy of Citizen ID card or Passport;
- Documents proving legal status for the organization: 01 copy of Business Registration Certificate or Establishment License or Establishment Decision;
- Documents proving the owner of the rights resulting from creative assignment: Decision to assign tasks or confirmation of assigning tasks to individuals belonging to that unit or organization;
- Documents proving the owner of the rights resulting from entering into a creative contract: Contracts, rules, and regulations of the competition;
- Documents proving the owner of inherited rights: Document determining inheritance rights notarized or authenticated according to the law;
- Documents proving the owner of the rights due to the transfer of rights: Written transfer, gift, purchase, and capital contribution contract notarized or authenticated according to the law;
- Written commitment to self-creation or creation according to decision/confirmation of job assignment, contract, contest participation and to be responsible before the law for the content of the commitment.
- Documents proving the owner of the rights as a result of assigning creative tasks or entering into creative contracts specified in this Clause must be originals or notarized or authenticated copies;
v) Written consent of the co-authors, if the work has co-authors;
vi) Written consent of co-owners, if copyright and related rights are jointly owned;
vii) In case the work uses another person's personal image, that person's written consent must be obtained according to the provisions of law.
In addition, if the logo has content related to medicine, education, and other specialized and specific fields, it requires documents of confirmation, appraisal, and approval from competent authorities.
2. Processing of application
According to Article 52, Article 54 of the Intellectual Property Law, Article 38 of Decree No. 17/2023/ND-CP and instructions from the Copyright Office of Vietnam, Asoka divides the process into 3 stages:
Stage 1: Review, classify, and consider the validity of documents
- Within 01 month from the date of receiving the dossier, the Copyright Office of Vietnam has responsibility for reviewing, classifying, and considering the validity of the dossier.
- In case the documents are not valid:
• The Copyright Office of Vietnam notifies organization and individual to amend and supplement documents (via email address or via the online Public Service Portal of the Ministry of Culture, Sports and Tourism).
• Organization or individual has a maximum period of 01 month from the date of receipt of notice to amend and supplement documents, except in the case of force majeure events or objective obstacles as prescribed by law.
• In case the dossier is not amended and supplemented or still invalid after being amended or supplemented, it will be returned to the organization or individual.
Stage 2: Issuance of Certificate of Copyright
Within 15 working days from the date of receipt of a valid application, the Copyright Office is responsible for issuing a Copyright Registration Certificate to the applicant.
In case of refusal to issue a Copyright Registration Certificate, the Copyright Office must notify the applicant in writing and clearly state the reason.
Stage 3: Registration and publication
Copyright Registration Certificate is recorded in the National Register of Copyrights.
The decision to grant a Copyright Registration Certificate is published in the Official Gazette on copyright and related rights.
Form of Copyright Registration Certificate issued to the applicant of successful logo copyright registration
Organizations and individuals who need to register logo copyright in a quick and cost-saving way, please contact Asoka IP Law for advice and application representation.
Asoka IP Law contact information:
● Northern Region: 096 191 4328 (zalo/WhatsApp/telegram)
● Southern Region: 0984 333 629 (zalo/WhatsApp/telegram)
Email: ipsupport@asokalaw.vn or consult@asokalaw.vn
consult@asokalaw.vn
Asoka Law Companny Limited (Asoka Law)
Head Quarter Address:SAV4, The Sun Avenue, 28 Mai Chi Tho, An Phu Ward, Thu Duc City, HCMC
Branch Office: 23.OT09, Landmark 81, 208 Nguyen Huu Canh Street, Binh Thanh District, HCMC
Operation Registration Certificate no. 41.02.2946/TP/ĐKHĐ issued by HCMC
