Registering for protection helps establish a clear and official legal basis, helping to protect the intellectual property rights of the author and owner of the website program framework. However, to be approved and issued a Certificate by a competent state agency, the registration for website program framework copyright registration must meet certain conditions.
Subjects to implement website program framework copyright registration
Website program framework can be registered in the form of computer programs, protected under the category of copyright according to the provisions of Intellectual property law.
The procedure for website program framework copyright registration is carried out by the author, the owner, or a person authorized by the author or owner.
Conditions for website program framework copyright registration
It is necessary to fully meet the conditions for being issued a Certificate of registered copyright
– Authors, co-authors, copyright holders, copyright co-owners of works satisfy requirements;
– Works fall under formats or categories specified;
– Composition of application conforms to the regulations.
(Pursuant to Clause 4, Article 38 of Decree 17/2023/ND-CP).
The requirements for computer programs in the copyright registration dossier must comply with regulations
Computer programs: Copies of computer programs include CDs containing the computer programs (with a piece of paper containing the name of the computer program stick to one side of the CD) and photocopies on A4 paper containing the entire interface and code of the computer programs.
If printed copies of code of computer programs are at least 100 pages in length, applicants are only required to print the first 25 pages, the middle 25 pages, and the last 25 pages.
(Pursuant to Clause 9, Article 43 of Decree 17/2023/ND-CP).
Refusal to issue copyright registration certificate for website program framework if the conditions are not met
Competent authorities shall reject the application for issuance of certificate of registered copyright for website program framework in the following cases:
– Failure to meet the conditions for issuance of the copyright registration certificate according to regulations;
– The works are found to have format or contents that: Violate the Constitution, regulations and law; plot against the Communist Party or the Government of the Socialist Republic of Vietnam; contradict fine traditions, customs, morals of the people; engage in superstition and details of other nature as per the law;
– The works are currently under disputes, complaints, denunciation and not resolved by legitimate effective decisions of competent authorities, courts, or arbitration;
– Competent authorities do not receive adequate application or adequate adjusted application after the time limit regulated.
>> WHY SHOULD REGISTER FOR WEBSITE PROTECTION https://linconlaw.vn/why-should-register-for-website-protection/
>> PROCEDURE FOR WEBSITE INTERFACE COPYRIGHT REGISTRATION https://linconlaw.vn/procedure-for-website-interface-copyright-registration/
Legal basis:
- Intellectual Property Law 2005 (amended and supplemented by the revised Intellectual Property Law 2009; revised Insurance Business Law, Intellectual Property Law 2019 and revised Intellectual Property Law 2022);
- Decree 17/2023/ND-CP guiding the Intellectual Property Law on copyright and related rights;
- Information Technology Law 2006.
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