Download A brand is a weapon for brand recognition, an invention is a key to open the door of technology. Everyone knows their importance. But copyright - a form of protection that is no less important, is often overlooked and underestimated. Many people mistakenly think that copyright is as natural as breathing, and registration is just a superfluous procedure. Although the law of many countries, including Vietnam, recognizes that copyright arises automatically from the moment a work is formed in a certain physical form, however, ignoring the legal value of the copyright registration procedure can lead to a significant decline in the effectiveness of protecting the legitimate rights of the owner. KENFOX IP & Law Office, would like to share our perspective on the aspects related to copyright registration in Vietnam. Consider the case of a multinational brand, for example, "Ice Dream Delights", widely known to the public for its highly recognizable penguin logo. This company has completed the trademark registration procedure. However, an important legal question arises: has the company optimized the scope of IP protection for the artistic work of creating the penguin symbol through the legal mechanism of copyright? The fundamental legal question posed is: is copyright registration merely a formality, or does it truly hold significant legal power in the context of today's complex competitive market? The answer may surprise many. Copyright registration plays a crucial role in establishing a solid legal foundation, increasing the ability to prove ownership, and enhancing the effectiveness of IP rights enforcement. Evidentiary Value of Copyright Registration Certificate: Beyond Formal Significance In general perception, copyright is often regarded as a natural right arising from the act of creation, meaning that copyright is automatically established when an individual or organization creates an original work - including literary, artistic, and scientific works. This view reflects part of the current legal regulations. However, a less noticed but profoundly practical aspect is that the copyright registration (or related rights registration) brings superior legal value in terms of evidence, transforming copyright from a potential right into a effectively protected right with the ability to be clearly proven. It can be said that the Copyright Registration Certificate (CRC) is like a legal document that formalizes the owner's request to protect their rights. According to Vietnamese law, the CRC issued by a competent state agency has the value of certifying the copyright owner of the work, while also recording information about the work, the author, and the filing date. This evidentiary value is particularly important in legal situations where disputes or lawsuits arise regarding copyright infringement. In the context of legal disputes regarding copyright infringement, the CRC plays the role of initial evidence with high legal value. A copyright owner with a CRC does not have to prove their ownership of the work, but the person suspected of infringing copyright will have the burden of proof to the contrary. This simplifies the litigation process, reduces the burden of proof for the rights holder, and significantly increases the advantage of the rights holder in legal cases. Imagine, in the absence of a CRC, the rights holder would face a major challenge in collecting and providing evidence to prove their copyright, especially for works created many years ago. Thus, copyright registration is truly a measure to solidify a solid legal position for the rights holder in any dispute situation. Copyright and Trademark: Differentiating for Effective Protection A key point to clarify is that although copyright can protect a logo as a work of applied art, this protection mechanism cannot replace trademark registration. Confusion between these two forms of intellectual property protection can lead to serious errors in building a strategy to protect legitimate rights. It must be affirmed that the legal mechanisms of copyright and trademark are established with different objectives and scopes of protection, therefore, they cannot and should not replace each other. The fact that a logo is protected by copyright does not mean that the logo is automatically protected as a trademark, and vice versa. Trademark law focuses on protecting signs that distinguish goods and services of different business entities, aiming to prevent consumer confusion about the commercial origin of products and services. Meanwhile, copyright protects the creative expression of authors in the fields of literature, art, and science, focusing on protecting the unique, original form of expression of the work. Attempting to use the copyright protection mechanism to completely replace the function of a trademark would be similar to using an unsuitable tool for a specific purpose, which is not only ineffective but can also cause negative consequences for the general intellectual property legal system. Copyright Enforcement in Practice: Diverse Infringement Scenarios So, in practice, when does registering copyright for a logo become particularly important in enforcing rights? The answer lies in the ability to protect the work itself (the logo) against acts of unauthorized copying, regardless of the context of the work's use. It is necessary to expand the scope of consideration of infringing acts beyond the scope of direct competition in the same business field. It is conceivable that the penguin logo of the "Ice Dream Delights" brand is used illegally in the following situations: Counterfeit goods: The logo is copied and attached to counterfeit products such as t-shirts, cups, toys... sold rampant online and offline. Use in promotional activities of unrelated businesses: A car dealer uses the penguin logo in advertising publications with the aim of creating an association, benefiting from the prestige and reputation that the "Ice Dream Delights" brand has worked hard to build. Inherently unrelated products: A furniture company uses the penguin logo image to decorate children's chairs, simply considering it as a decorative, artistic image.