Procedures and costs of license software copyright registration

WHEN REGISTRATION FORM SOFTWARE COPYRIGHT

Your question:

     I write a software estimation and want to register the software license with the state for business. Ask the attorney to know the procedure and cost of registering the software. Thank you lawyers!

     Lawyer's answer:

     Hi, With your questions we would like to offer the following advice:

     Legal basis:

2005 Intellectual Property Law
Revised Intellectual Property Law 2009
Decree No. 100/2006 / ND-CP Guiding the Civil Code, the Intellectual Property Law on Copyright and Related Rights
Circular No. 221/2016 / TT-BTC regulating the use of fees for registration of copyright and related rights.
Consultancy on the procedures and costs of software copyright registration
1. Procedures for registration of software copyright cost estimates
     a. Type of registration
     In Clause 5, Article 1 of the Intellectual Property Law, amended 2009 types of copyrighted works:

     "M) computer programs, data collection"

     Your case is copyright registration software copyright subject, so in order to protect your rights you need to carry out procedures for registration of protection with the State authorities rights.

     b, Application software license software
     In Article 50 of the 2005 Intellectual Property Law, copyright applications are as follows:

     "2. Applications for copyright or related rights registration include:

     a) Declaration for registration of copyright and related rights.

     Declarations must be made in Vietnamese and signed by the author, copyright owner or related right holder or the person authorized to submit the application and complete information on the applicant, Owners of copyright or related rights holders; the summary of the contents of the work, performance, phonogram, video recording or broadcast; The name of the author, the work used for the derivative work if the registered work is a derivative work; time, location and mode of publication; Commitment to responsibility for the information stated in the application.

     The Ministry of Culture, Sports and Tourism shall prescribe forms of declaration of copyright registration and related rights registration;

     b) Two copies of the work registered for copyright or two copies of the fixation of the object of registration related rights;

     c) Power of attorney, if the applicant is an authorized person;

     d / Documents evidencing the right to file applications, if the applicants enjoy such rights of other persons as inherited, transferred or inherited;

     e / Written consent of co-authors, if the work is co-authored;

     e) Written consent of co-owners, if copyright and related rights are under common ownership.

     3. Documents prescribed at Points c, d, e and f, Clause 2 of this Article must be made in Vietnamese; In cases where they are made in foreign languages, they must be translated into Vietnamese. "

     Thus, to register the software copyright dossier includes:

Declaration of copyright registration (the Ministry of Culture, Sports and Tourism prescribes the copyright declaration form) in Vietnamese, signed by yourself, with full information on the applicant, the author , the copyright owner; summary of the content of the work; time, location and mode of publication; Confirmation of responsibility for information stated in the application.
Two copies of copyrighted works: 02 CDs containing the registration software, 02 copies of the registered software.
 Power of attorney must be in Vietnamese (if authorized by the payer).
 Copy of ID card of the author
 A copy of the business registration certificate (if the applicant is a legal person)
 Documents proving the right to file applications must be made in Vietnamese if the applicant receives such rights from another person as inherited, transferred or inherited.
 Written consent of co-authors must be made in Vietnamese, if there are co-authors
 The written consent of the co-owner must be made in Vietnamese if the copyright is jointly owned.

      c, The competence to grant software copyright registration certificates
      Article 39 of the Decree No. 100/2006 / ND-CP stipulates the competence to grant copyright registration certificates:

     The Copyright Office of Vietnam is competent to grant, re-grant, change or cancel the validity of copyright registration certificates or related rights registration certificates specified in Clauses 1 and 2 of this Article. 51 of the Intellectual Property Law.

     Upon completion of the above documents you bring to the Copyright Office to submit the application for a certificate of copyright

d, the time limit for granting software copyright registration certificates
     In Article 52, the time limit for granting the certificate of copyright registration:

     Within fifteen (15) working days from the date of receipt of a valid application, the State management agency in charge of copyright and related rights shall grant a certificate of registration of copyright or registration certificate related rights to the applicant. In case of refusal to grant a certificate of registration of copyright or related rights registration, the State management agency in charge of copyright and related rights must notify in writing the applicant. "

    After you submit your application to the Copyright Office, you will be granted a certificate of copyright registration after 15 working days. In case of refusal, the Copyright Office must inform you in writing.

2. Cost of software copyright registration
     In Article 4, Circular 221/2016 / TT-BTC stipulates the fee rates as follows

     "Computer programs, data collections or programs run on the computer fee is 600,000 VND"