{"id":4073,"date":"2021-09-19T07:51:52","date_gmt":"2021-09-19T00:51:52","guid":{"rendered":"https:\/\/vietlinklaw.vn\/?p=4073"},"modified":"2021-09-19T07:51:52","modified_gmt":"2021-09-19T00:51:52","slug":"procedures-for-settling-copyright-and-related-rights-disputes","status":"publish","type":"post","link":"https:\/\/vietlinklaw.vn\/en\/intellectual-property\/procedures-for-settling-copyright-and-related-rights-disputes\/","title":{"rendered":"Procedures for settling copyright and related rights disputes"},"content":{"rendered":"
Procedures for settling copyright and related rights disputes<\/strong><\/p>\n Legal grounds<\/strong><\/p>\n In Vietnam today, copyright infringement is quite common, mostly in the fields of photography, journalism, performance, music, cinema, computer software, etc.<\/p>\n The following persons have the right to initiate a copyright dispute:<\/p>\n – The author is also the owner of the work;<\/p>\n – The author is not concurrently the owner of the work;<\/p>\n – The owner of the work is not the author at the same time;<\/p>\n – The author’s heir is also the owner of the work;<\/p>\n – Persons with rights related to copyright, including: performers; organize the production of audio and video tapes; broadcasting organization;<\/p>\n – The person who has the legal right to use the work through the work use contract;<\/p>\n – Organizations and individuals authorized by the above subjects according to the provisions of law.<\/p>\n Note: the right to sue for copyright protection arises from the time the individual creates the work and expresses that creativity in a certain material form. In case a person has an idea to create a literary, artistic or scientific work, but has not yet expressed this idea in any form, he cannot initiate a lawsuit to request the State to protect his or her rights.<\/em><\/p>\n Copyright disputes:<\/strong><\/p>\n Related rights disputes:<\/strong><\/p>\n Methods of resolving disputes over copyright and related rights<\/strong><\/p>\n Competence to settle disputes over copyright and related rights<\/strong><\/p>\n In case of necessity, these agencies can apply preventive measures and ensure administrative sanctions according to the provisions of law.<\/p>\n Conditions for initiating a civil lawsuit over copyright and related rights<\/p>\n Clause 1, Section III, Part A, Joint Circular No. 02\/2008\/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP dated April 3, 2008 stipulates:<\/p>\n Authors, copyright holders and related rights holders have the right to apply for a certificate of copyright registration or a certificate of registration of related rights in accordance with Article 49 of this Law. wisdom. However, this is not a mandatory procedure to enjoy copyright and related rights.<\/p>\n When there is a dispute over copyright or related rights and the litigants initiate a lawsuit and request the Court to protect their legitimate rights and interests, the Court must consider it, regardless of whether they already have a registration certificate. registered copyright, related rights registration certificate or not, they have filed or not filed an application for registration of copyright, related rights.<\/p>\n Authors, copyright holders and related rights holders may only exercise their moral and property rights within the scope and time limit prescribed by the law on intellectual property.<\/p>\n The term of protection of copyright and related rights is specified in Clauses 2 and 3, Article 739 of the 2005 Civil Code, Articles 27 and 34 of the Intellectual Property Law and Article 26 of Decree No. 100\/2006\/ND-CP.<\/p>\n Upon the expiration of the term of protection for copyright and related rights as provided for above (except for the moral rights specified in Clauses 1, 2 and 4, Article 19 of the Intellectual Property Law), the copyrights’ rights authors, copyright holders and related rights holders are no longer protected by the State and the law; therefore, the Court only accepts lawsuit petitions for settlement if those rights are still within the protection period, unless the law does not provide for the protection term for copyrights.<\/p>\n Procedure to initiate a lawsuit<\/strong><\/p>\n Step 1: Prepare the petition file<\/p>\n – The petitioner prepares a lawsuit petition, the contents of the lawsuit petition must contain the contents specified in Article 164 of the Civil Procedure Code.<\/p>\n – Documents attached to the petition (evidence to prove that his\/her claim is grounded and lawful).<\/p>\n According to the provisions of Article 203 of the Intellectual Property Law: \u201cThe plaintiff and the respondent in the case of infringement of intellectual property rights have the right and obligation to prove according to the provisions of Article 79 of the CPC and the provisions of Articles this”<\/p>\n Step 2: File a lawsuit at the Court<\/p>\n Step 3: The court considers and accepts the settlement<\/p>\n Within five working days after receiving the lawsuit petition, the Court must consider and issue one of the following decisions:<\/p>\n – Proceed to accept the case if the case falls under its handling competence;<\/p>\n – In case the lawsuit is not under the jurisdiction of the Court, the lawsuit petition must be transferred to the competent Court and notified to the plaintiff.<\/p>\n The time limit for preparation for trial of cases is prescribed as follows:<\/p>\n – 04 months from the date of acceptance of the case. For complicated cases or with objective obstacles, the chief justice of the court may decide to extend the time limit for trial preparation once but for no more than 2 months.<\/p>\n – In case there is a decision to temporarily suspend the settlement of the case, the time limit for trial preparation shall be recalculated from the date on which the court’s decision to continue the settlement of the case takes legal effect.<\/p>\n During the trial preparation stage, the judge assigned to handle the case must take testimonies of the involved parties, conduct meetings to check the handover, access and publicize evidences and conciliate, conduct conducting on-site review, appraisal or valuation, entrusting evidence collection (if any).<\/p>\n Step 4: The court brings the case to first-instance trial:<\/p>\n Within 01 month from the date of issuance of the decision to bring the case to trial, the court must open a court session; in case there is a plausible reason, the time limit for opening a court hearing may be extended but must not exceed 30 days.<\/p>\n Please contact us immediately for advice:<\/strong><\/p>\n ================<\/strong><\/p>\n Vieltink Law Firm<\/strong><\/p>\n \u25aa Address: P203 Giang Vo Lake View Building, D10 Giang Vo, Ba Dinh District, Hanoi<\/p>\n \u25aa Hotline: 0914.929.086<\/p>\n \u25aa Email: hanoi@vietlinklaw.com<\/p>\n \u25aa Website: vietlinklaw.com<\/p>\n","protected":false},"excerpt":{"rendered":" Procedures for settling copyright and related rights disputes Legal grounds The 2005 Law on Intellectual Property was amended and supplemented in 2009, 2019. Decree 22\/2018\/ND-CP detailing a number of articles and measures to implement the Law on Intellectual Property 2005 and the Law amending and supplementing a number of articles of the Intellectual Property Law 2009 on copyright , related rights. Joint Circular 02\/2008\/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP guiding the application of a number of legal provisions in the settlement of disputes over intellectual property rights at people’s courts. Civil Procedure Code 2015. Decree 99\/2013\/ND-CP of the Government on sanctioning of administrative violations in…<\/p>\n","protected":false},"author":2,"featured_media":5005,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[87],"tags":[],"yoast_head":"\n\n
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