Procedures for applying for a certificate of registration of related rights

Issuing a certificate of registration of related rights is an important legal procedure to protect the legal rights of the owner. You need to prepare complete documents according to regulations and submit them to the Copyright Office or Representative Office in Ho Chi Minh City. This procedure helps establish ownership of a performance, sound recording, video recording or broadcast. The article below will provide detailed instructions on the implementation process.

What are related rights?

Rights related to copyright are the rights of organizations and individuals to performances, audio and video recordings, broadcast programs, and satellite signals carrying encrypted programs. This is a right protected by law, stipulated in the Law on Intellectual Property 2005 and its amended and supplemented documents.

Subjects protected by related rights include:

• Performer’s performance.
• Audio and video recordings by the manufacturer.
• Broadcast programs, satellite signals carrying encrypted programs of the broadcasting organization.

The protection of related rights does not affect copyright. The owner of related rights enjoys personal rights and property rights to the subject of his or her related rights.

Conditions for protection of related rights

To have related rights protected, the following conditions must be met:

Organizations and individuals whose related rights are protected:

• Actors, singers, musicians, dancers and other people presenting literary and artistic works (hereinafter collectively referred to as performers).
• Organizations and individuals are owners of related rights specified in Article 44 of the Intellectual Property Law.
• Organizations and individuals that first shape the sounds and images of a performance or other sounds and images (hereinafter referred to as audio or video recording producers).
• The organization that initiates and carries out the broadcasting (hereinafter referred to as the broadcasting organization).

Subjects protected by related rights:

• The performance must be performed by Vietnamese citizens in Vietnam or abroad; or performed by foreigners in Vietnam; or fixed on protected audio or video recordings; or unfixed but already protected broadcast; or protected under international treaties to which Vietnam is a member.
• Audio and video recordings must be from producers with Vietnamese nationality or protected under international treaties to which Vietnam is a member.
• Broadcast programs and satellite signals carrying encrypted programs must be from broadcasting organizations with Vietnamese nationality or protected under international treaties to which Vietnam is a member.

In addition, related rights objects are only protected on the condition that they do not harm copyright.

Procedures for applying for a certificate of registration of related rights

Documents need to be prepared

To register related rights, the owner needs to prepare a dossier including the following documents:

• Related rights registration declaration according to the prescribed form. The declaration must be made in Vietnamese, have full information about the applicant, the owner of related rights, completion time, summary of the content of the registrant, disclosure information, and commitment to responsibility. responsibility. The declaration is signed or fingerprinted by the owner of the relevant rights.
• Two copies of the file identifying the relevant rights registration object.
• Power of attorney, if the applicant is the authorized person.
• Documents proving the right to apply, if the applicant benefits from inheritance or transfer.
• Written consent of co-owners, if related rights are jointly owned.

>>> Download: Related rights registration declaration form

The above documents must be made in Vietnamese. If it is a copy, it must be notarized or authenticated. In case the document is in a foreign language, it must be translated into Vietnamese and the translation must be notarized and authenticated.

Implementation procedures

The related rights registration process includes the following steps:

Step 1: After fully preparing the required documents, businesses can submit them directly at the headquarters of the National Office of Intellectual Property or representative offices, or submit them by post. Address is as follows:

• Head office of the Copyright Department: 33, Lane 294/2 Kim Ma, Ba Dinh, Hanoi City;
• Representative office of the Copyright Department in City. HCM: 170 Nguyen Dinh Chieu, District 3, Ho Chi Minh City
• Representative office of the Copyright Department in Da Nang: 58 Phan Chu Trinh, Hai Chau District, Da Nang

Step 2: The receiving agency will check the validity of the application. If the application is not complete and valid, the submitter will be guided to supplement and complete it.

Step 3: 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 Certificate of registration of related rights to the applicant. .

In case of refusal to issue a certificate, the management agency will notify in writing and clearly state the reason.

Note when applying for a related rights registration certificate

When carrying out related rights registration procedures, owners should note the following points:

• Prepare complete and accurate documents according to regulations. The declaration form needs to be filled in completely and signed by the applicant.
• Pay the registration fee according to current regulations.
• The term of protection of related rights begins from the moment of legal fixation or expression of the performance, audio recording, video recording, or broadcast program.
• Can authorize other organizations or individuals to carry out registration procedures. The power of attorney must be notarized or authenticated.
• In case of registering related rights for foreign works, documents need to be submitted through a licensed copyright and related rights consulting or service organization.
• Note that the application processing time is 15 working days. If the deadline has passed and you have not received the results, you can contact the receiving agency for instructions.

Consulting services for applying for a certificate of registration of related rights

To ensure benefits and convenience during the registration process, related rights owners can use Long Phan’s consulting service to apply for a related rights certificate with the following service scope:

• Support in preparing complete and accurate documents according to regulations.
• Consulting on related rights protection.
• On behalf of the owner, submit documents and monitor the results of document processing
• Receive and return results to customers;
• Support in resolving problems and complaints (if any).

Registration of related rights is necessary to protect the legal rights of the owner. Customers need to follow the correct process and prepare complete documents to receive a certificate quickly. For detailed advice on related rights registration procedures, please contact hotline 0906735386. We are ready to assist you in completing your documents and carrying out the necessary procedures.