By protecting the website program framework copyright, website developers can protect key elements of the website such as interface, structure, functionality and logic. According to the laws of Vietnam, how can the procedures for website program framework copyright registration be implemented?
Protection for website program framework copyright
The website program framework can be registered for copyright protection as a computer program, specifically the website source code and operating functions.
Therein, computer program means a set of instructions expressed in the form of commands, codes, diagrams and other forms which, when incorporated in a device run by computer programming languages in a manner that is enables a computer or device to perform a job or achieve a specific result. Computer programs are protected in the same manner as literature works, whether they are source codes or machine codes.
Necessity of website program framework copyright registration
Belonging to the type of work protected by copyright, website program frameworks are protected under the automatic protection mechanism.
However, registering for game protection establishes a clear and official legal basis, helping authors and owners not need to fulfill the obligation to prove rights to the works they create or own when there is a problem or dispute occurs.
Procedure for website program framework copyright registration
The order of execution is as follows:
– Step 1: The person with demand on protection prepares and submits an application to register for website program framework copyright protection.
Authors and copyright owners of the website program framework can directly or authorize other organizations or individuals to submit registration documents at the Copyright ofice under the Ministry of Culture, Sports and Tourism.
Registration dossiers can be submitted in person, via postal service or via the online Public Service Portal.
– Step 2: The competent authority processes the application
Within 15 working days from the date of receipt of a valid application, the state management agency in charge of copyright and related rights is responsible for issuing a Copyright certificate for the website program framework.
In case of refusal to issue a Certificate, the competent authority must notify the applicant in writing.
– Step 3: Official recording and publication of registered copyright of website program framework.
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 and registered related rights certificates shall be published in the Official Gazette on copyright and related rights.
The result of carrying out the procedure is a Certificate issued by the Copyright Department of the Ministry of Culture, Sports and Tourism.
The copyright certificate is valid throughout the territory of Vietnam.
>> CONDITIONS FOR WEBSITE PROGRAM FRAMEWORK COPYRIGHT REGISTRATION https://linconlaw.vn/conditions-for-website-program-framework-copyright-registration/
>> LEGAL NEWSLETTER – MAY 2024 https://linconlaw.vn/legal-newsletter-may-2024/
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
- In Hanoi: 4F Sudico Tower, Me Tri street, My Dinh 1 ward, Nam Tu Liem district, Hanoi city.
- In HCMC: 272 Do Phap Thuan, An Phu ward, Thu Duc city, Ho Chi Minh city.
- Website: http://linconlaw.vn/
- Email: Lawyer@linconlaw.vn
- Facebook: https://www.facebook.com/Linconlawfirmm
- Linkedln: linkedin.com/in/lincon-law-firm-100b96201
- Hotline: +84.987.733.358
