1. What is copyright?

As stipulated in Clause 2, Article 4 of the Intellectual Property Law 2005, amended and supplemented in 2022, copyright is the right granted to organizations and individuals over works they creat or possess. Copyright includes moral and economic rights granted by law to the author or owner of a work.

2. Is copyright registration required?

Unlike trademarks, copyright does not require formal registration with a state agency; it is established at the moment the work is created. Copyright is a right that arises automatically when a creative idea is expressed in an objective form that others can perceive. From the moment a work is defined, the copyright holder received legal protection. Thus, intellectual property law does not require the right holder to register for protection. However, copyright registration is also very necessary, as it serves as official record copyright of the copyright claim. In the event of a copyright dispute, the certificate of registration can provide significant evidentiary value in establishing copyright.

3. What  are some common types of copyright disputes?

• Copyright covers many different objects, leading to various types of disputes. Some common types of copyright disputes include:
• Disputes arising from copyright infringement;
• Disputes over the division of co-author rights;
• Disputes over the owner of copyrighted works;
• Disputes over the exercise of moral or economic rights by authors and copyright holders;
• Disputes over copyright assignment and licensing agreements;
• Disputes over royalties and remuneration for authors creating works on the basis of assigned tasks or contracts;
• Other disputes concerning copyright as prescribed by law.

4. What do copyright lawyers do?

The impact of the Industry 4.0 revolution is considered a "golden" ticket for emerging authors and owners to have the opportunity to engage with the field of intellectual property. Depending on the legal needs of clients, Copyright Lawyers perform tasks, including but not limited to:

Copyright consulting:

• Consulting on assignments, permissions to use, adaptations, and reproductions of copyright;
• Consulting on and preparing standard documents for copyright protection, such as drafting registration dossiers; minutes, decisions on assignments, registration declarations, etc.
• Consulting on and classifying objects of copyright registration to align with customer requirements;
• Consulting on copyright registration timelines and procedures;
• Consulting on the possibility and scope of copyright protection and related rights;
• Consulting on resolving copyright disputes.

Protecting the legitimate rights and interests of clients in copyright disputes:

• Drafting documents of opinions and pleadings to protect the legitimate rights and interests of clients throughout the dispute resolution process;
• Protecting the legitimate rights and interests of clients during the copyright disputes resolutions at the Court and competent state administrative agencies;
• Representing and working with relevant agencies to protect the legitimate rights and interests of clients;
• Representing and carrying out the procedures for collecting evidence to serve the process of resolving copyright disputes.

5. What criteria should be used when choosing a copyright lawyer?

Intellectual property law in general and copyright in particular, is a specializedlegal field. The settlement of copyright disputes not only requires specific expertise but also a solid understanding of other related legal fields. Therefore, when choosing a Copyright Lawyer, the following criteria of the Lawyer should be noted:

• Having reputation, ethics and dedication to the profession;
• Having in-depth knowledge in many fields, including copyright;
• Having experience in resolving intellectual property disputes in general and copyright disputes in particular;
• Having negotiation and mediation skills and experience;
• Having strong logical and legal reasoning abilities.

6. Phong & Partners provides legal services on copyright

With the motto "Taking service quality and customer satisfaction as our primary goals", operating under the philosophy of "Respect justice - Respect goodwill", Copyright Lawyers at Phong & Partners are committed to working with enthusiasm, passion, sense of responsibility, ensuring the rights and interests of customers.