New regulations in Decree no. 22/2018/ND-CP providing detailed guidelines on the intellectual property law with respect to copyright and related rights

Decree No. 22/2018/ND-CP detailing a number of articles and measures to implement the 2005 Intellectual Property Law and the 2009 Law amending and supplementing a number of articles of the Intellectual Property Law  ("IP Law") on copyright and related rights ("Decree 22") officially takes effect from 10 April 2015,  replacing Decree No. 100/2006/ND-CP ("Decree 100") and Decree No. 85/2011/ND-CP ("Decree 85") amending and supplementing a number of articles of Decree 100.

Regarding copyright, Decree 22 specifies that a new entity is a co-author who is directly involved in the creation of a part or all of a literary, artistic or scientific work. Copyright in cinematographic works, theatrical works, architectural works, computer programs are specified in each specific article (Articles 11, 12, 15, 17).

Regarding anonymous works, organizations and individuals managing anonymous works may transfer the rights being relevant to anonymous works to other organizations and individuals and be entitled to remuneration from the transfer of such rights. This is also a new content not previously specified in Decree 100 and Decree 85.

Regarding related rights, rights of performers such as direct, indirect copying rights, must first of all be the rights of the owner of the performance exclusively to conduct.

Regarding procedures for registration of copyright and related rights, as well as the issuance, re-issuance, renewal and invalidation of copyright registration certificates and related rights registration certificates (“the Certificate"), they are clearly and specifically defined, and simplified in Chapter IV of this Decree.

Accordingly, authors, copyright holders and owners of related right must submit directly or authorize other organizations or individuals to file copyright or related rights applications at the Copyright Department or the Representative Office of the Copyright Department in Ho Chi Minh City, Da Nang City. As such, the Department of Culture, Sports and Tourism of the province/city under central authority will no longer have the function to register for granting the Certificate.

In addition, Decree 22 also adds a time limit of 7 working days for the re-issuance of the Certificate and 12 working days for the renewal of the Certificate.