PROCEDURE FOR WEBSITE INTERFACE COPYRIGHT REGISTRATION

PROCEDURE FOR WEBSITE INTERFACE COPYRIGHT REGISTRATION

The website interface can be registered as an applied art work. Website interface copyright registration with the competent state authority serves as an important legal tool to prevent unfair competition and address ownership disputes that may arise.

How to determine the form of website interface copyright registration?

The website interface can be registered as an applied art work, which falls under the category of literary, artistic, and scientific works protected by copyright law according to intellectual property regulations.

Therein, applied art work are works expressed by lines, color, shapes, and compositions with useful functions, potentially associated with a useful item, and manufactured manually or industrially and include: Graphic design (presentation of product logos, identity, and packaging; presentation of characters); fashion design; aesthetic design associated with forming products; aesthetic interior design, interior and exterior decoration. Works of applied art are expressed by aesthetic shaping of products, cannot be easily created by persons with average understanding in respective field, and do not require aesthetic exterior in order to function.

Why is it necessary for website interface copyright registration?

Copyright registration for the website interface is not a mandatory procedure to enjoy rights.

However, this is a procedure in order to record information about the author, work, and copyright owner, thereby building a clear and accurate legal basis in preventing copyright infringement as well as as resolution in the event of a dispute.

Specifically, organizations and individuals who are issued certificate of registered copyright or certificates of registered related rights shall not bear the burden of proving such copyright or related rights in a dispute, unless contrary proof is tendered (pursuant to Article 14, Article 1 of the Intellectual Property Law amended 2022).

What are regulations on the procedure for website interface copyright registration?

Step 1: The subject with demand on protection prepares and submits application dossiers for website interface copyright registration

Authors and copyright owners of the website interfaces can directly or authorize other organizations or individuals to submit application dossiers at the Copyright office under the Ministry of Culture, Sports and Tourism.

Application dossiers can be submitted in person, via postal service or via the online Public Service Portal.

Step 2: Competent authority handle the administrative procedures

Within 15 working days from the date of receipt of the valid application, the state management agency in charge of copyright and related rights is responsible for issuing certificate of registered copyright for the website interface.

In case of refusal to issue a certificate, the competent authority must notify the applicant in writing.

Website interface copyright registration with the competent state authority serves as an important legal tool to prevent unfair competition (Image: Internet)

Bước 3: Official recording and publication of website interface copyright registration

Registered copyright certificates and registered related rights certificates shall be officially recorded in the National Register of Copyright and Related Rights.

Decisions on the grant, re-grant, renewal and cancellation of effectiveness of registered copyright certificates shall be published in the Official Gazette on copyright.

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.

𝐋𝐈𝐍𝐂𝐎𝐍 𝐋𝐀𝐖 𝐅𝐈𝐑𝐌 – 𝐒𝐮𝐬𝐭𝐚𝐢𝐧𝐚𝐛𝐥𝐞 𝐜𝐨𝐨𝐩𝐞𝐫𝐚𝐭𝐢𝐨𝐧

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