Nowadays, the companies are focusing on investing in images and brands, the demand to have a logo, an interface for businesses, becomes popular. Besides, the situation of stealing and counterfeiting logo is becoming difficult to control, causing confusion for consumers. So how do businesses protect themselves against the unfair action. By this article, KAV Lawyers would like to guide customer the way to protect your rights in such situation.
Registration of copyright for the logo is intended to secure the creator of the work against unauthorized use of the work such as reproduction for the benefit of the author’s intellectual property. Although it is not compulsory but necessary, if a dispute occurs, the author/owner of the work has a solid ground to initiate a lawsuit against individuals and organizations that infringe on the legitimate rights and interests of the author/owner. In fact, there are two ways of protecting the copyright of logo. The first is trademark registration for logo (which is written by KAV Lawyers in the previous article, readers could find it at website: http://www.kavlawyers.com/resources/, the other is that the author could register to protect by copyright registration for logo. It would be more protection for the logo if the company consider to implement both ways.
Pursuant to Clause 2, Article 13 of Decree No. 22/2018/ND-CP, applied the art works are works expressed by lines, colors, shapes, layouts with useful features, can be associated with a useful object, are produced manually or industrially such as: Graphic design (expression form of logo, product recognition and packaging system), fashion design, product posing, interior design, decoration. Thus, the logo of the enterprise will be registered for copyright protection with the type of “applied art work”.
The procedure of copyright registration for logo
Step 1: Preparing the dossier
The application for registration of copyright shall comprise:
- A declaration for registration of copyright or related rights;
- Two copyrights of the work the subject of the application for copyright registration;
- A letter of authorization (in case the applicant is an authorized person);
- Assignment decision, logo design contract with author;
- Written consent of the co-author in case of a work under joint authorship;
- Written consent of the co-owners if the copyright or related rights are jointly owned;
- Other proving documents (if any).
Step 2: Submitting dossiers, paying fees
Applicants can apply paper directly to the receiving points of application of the National Office of Intellectual Property;
Or submit your application by post;
– Head office of National Office of Intellectual Property, address: 386 Nguyen Trai street, Thanh Xuan district, Hanoi city.
– Representative office of The National Office of Intellectual Property in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
– Representative office of The National Office of Intellectual Property in Da Nang City, address: 3rd Floor, No. 135 Minh Mang, Ngu Hanh Son District, Da Nang City
Fees and charges
- Application fee: 400,000 VND/ 01 certification;
- Submitting to the National Office of Intellectual Property along with the time to submit the dossier;
Step 3: Get results
- After 15 working days, if the dossier is valid, the National Office of Intellectual Property will grant the certification for the applicant;
- In case the dossier may not valid, the agency will have a notice for the applicant;
- Copyright registration certificates shall be recorded in the national register of copyrights and related rights.
Above is an article about copyright registration of logo that KAV Lawyers very pleasure to send to you. If you have any questions or would like any further legal advices, please contact KAV Lawyers by the contact addresses below:
Phone: (+84) 28 6270 7075 or (+84) 949 761 861
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