What are the methods of conducting assessment of copyright and related right assessors in Vietnam?
What are the methods of conducting assessment of copyright and related right assessors in Vietnam?
According to the provisions of Article 94 of Decree 17/2023/ND-CP on methods of conducting assessment of copyright, related right assessors as follows:
Methods of conducting assessment of copyright, related right assessors
1. Copyright, related right assessors operate within copyright, related right assessing bodies in the name of the assessing bodies or as independent assessors.
2. Methods of operation of assessors are recorded under Decisions on issuance, re-issuance of assessor’s card and the list of copyright, related right assessors under Clause 6 Article 98 hereof.
3. If assessors operate under the name of copyright, related right assessing bodies, information on assessors must be recorded under Decision on issuance, re-issuance of Certificate of copyright, related right assessing bodies and the list of assessors affiliated with assessing bodies under Clause 6 Article 99 hereof.
Thus, copyright, related right assessors operate within copyright, related right assessing bodies in the name of the assessing bodies or as independent assessors.
What are the methods of conducting assessment of copyright and related right assessors in Vietnam?
What are the obligations of copyright and related right assessors in Vietnam?
According to the provisions of Clause 3, Article 93 of Decree 17/2023/ND-CP regulations on copyright and related rights assessors as follows:
Copyright, related right assessor
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3. Copyright, related right assessors have the obligation to:
a) conduct assessment following rules under Clause 4 Article 201 of the Law on Intellectual Property;
b) produce assessment dossiers; provide explanation for assessment conclusion when requested;
c) preserve and store documents, samples relevant to the case as per the law;
d) independently produce assessment results and be responsible for their assessment results; compensate for damage done to relevant individuals, organizations as a result of incorrect assessment results produced by the assessors;
dd) refuse to conduct assessment if the assessors have rights and benefits relevant to subjects of assessment, assessment cases or other reasons affect fairness of assessment results or other regulations require the assessors to reject;
e) maintain confidentiality of information and documents at request of applicants and compensate for damage done to relevant individuals, organizations as a result of disclosing information;
g) assume legal responsibilities for taking advantage of assessment expertise and assessment operation for personal gain or intentionally producing incorrect assessment results;
h) comply with regulations on assessment procedures;
i) communicate and submit reports on 6-monthly and yearly assessment operation to state authorities governing copyright and related rights affiliated with the Ministry of Culture, Sports and Tourism;
k) perform other obligations as per the law.
Thus, copyright and related rights assessors have the following obligations:
- conduct assessment following rules under Clause 4 Article 201 of the Law on Intellectual Property;
- produce assessment dossiers; provide explanation for assessment conclusion when requested;
- preserve and store documents, samples relevant to the case as per the law;
- independently produce assessment results and be responsible for their assessment results; compensate for damage done to relevant individuals, organizations as a result of incorrect assessment results produced by the assessors;
- refuse to conduct assessment if the assessors have rights and benefits relevant to subjects of assessment, assessment cases or other reasons affect fairness of assessment results or other regulations require the assessors to reject;
- maintain confidentiality of information and documents at request of applicants and compensate for damage done to relevant individuals, organizations as a result of disclosing information;
- assume legal responsibilities for taking advantage of assessment expertise and assessment operation for personal gain or intentionally producing incorrect assessment results;
- comply with regulations on assessment procedures;
- communicate and submit reports on 6-monthly and yearly assessment operation to state authorities governing copyright and related rights affiliated with the Ministry of Culture, Sports and Tourism;
- perform other obligations as per the law.
Which agency has the authority to issue copyright and related rights assessor’s cards in Vietnam?
According to the provisions of Article 96 of Decree 17/2023/ND-CP regulating the authority to issue, re-issue and revoke appraiser cards and inspection organization certificates as follows:
Entitlement to issue, re-issue, and revoke assessor’s card, certificate of assessing bodies
State authorities governing copyright and related rights affiliated with the Ministry of Culture, Sports and Tourism are entitled to issue, re-issue, and revoke assessor’s card, certificate of assessing bodies.
Thus, State authorities governing copyright and related rights affiliated with the Ministry of Culture, Sports and Tourism are entitled to issue, re-issue, and revoke assessor’s card, certificate of assessing bodies.
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