Legal risks from fraudulent acts when registering copyright

Many businesses believe that just “having a copyright certificate” is sure to win in a dispute. However, reality shows that in many cases the registration itself becomes a legal risk if done on the basis of dishonest information.

According to regulations in Intellectual Property Law 2005, copyright arises from the moment the work is created and expressed in a certain material form, regardless of registration (Article 6). However, the Copyright Registration Certificate still has important evidentiary value according to Article 49 of this Law.

In practice, some entities have taken advantage of the registration mechanism to commit fraudulent acts to create legal advantages. Common practices include misrepresenting the author or owner, submitting documents containing inaccurate information, or using invalid documents to obtain a Certificate. These acts essentially falsify registration information and can be handled according to legal regulations.

Notably, dishonest copyright registration can also be considered to invalidate the Certificate according to Article 52 of the Intellectual Property Law, if the declared information is found to be untrue. At the same time, in case of causing damage to a third party, the subject committing the fraudulent act may also be subject to civil liability.

Regarding sanctions, according to Decree 341/2025/ND-CP (amended and supplemented), acts of copyright infringement or providing false information during the registration process may be subject to administrative sanctions with significant fines. In serious cases, this behavior can also be prosecuted for criminal liability under the 2015 Penal Code, especially if there are elements of fraud or causing great damage.

From a practical perspective, businesses need to pay special attention to honesty and accuracy in the copyright registration process. Checking the origin of the work, correctly identifying the right holder and complying with the legal process not only helps minimize the risk of disputes but also protects the value of intellectual property in a sustainable way.