What are the regulations on the written request, documents and evidence attached to the request for handling acts of infringing upon copyright and related rights in Vietnam?
- What must be included in a written request for handling infringement of copyright and related rights in Vietnam?
- What is included in the documents and evidence attached to the request for handling acts of infringing upon copyright and related rights in Vietnam?
- Where to submit a written request for handling infringement of copyright and related rights in Vietnam?
What must be included in a written request for handling infringement of copyright and related rights in Vietnam?
Pursuant to the provisions of Clause 1, Article 75 of Decree No. 17/2023/ND-CP as follows:
Application for handling of acts of infringement of copyright and related rights
1. A written request for handling of acts of infringing upon copyright and related rights must contain the following principal details:
a) Date, month and year of making the request;
b) Name and address of the organization or individual requesting handling of the infringing act; full name of the representative, if the request is made through the representative;
c) Name of the agency receiving the petition;
d) Name and address of the organization or individual committing the act of infringement; name and address of the organization or individual suspected of being an infringing organization or individual in case of request for suspension of customs procedures for imported or exported goods suspected of infringing;
dd) Name and address of the organization or individual with related rights and interests (if any);
e) Name and address of the witness (if any);
g) Summary information on copyright and related rights infringed: Types of rights, grounds for arising of rights, summary of object of rights;
h) Brief information on the infringement: Date, month, year and place where the infringement occurred, a brief description of the subject matter of copyright, related rights being infringed, the act of infringement; website address, link for copyright infringement, related rights in the telecommunications network environment and the Internet and other information (if any).
i) Contents of request for application of measures to handle infringing acts;
k) A list of documents and evidences attached to the application;
l) Signature of the applicant and stamp (if any).
Thus, according to regulations, a request for handling of acts of infringing upon copyright and related rights must contain the above-mentioned basic contents.
What are the regulations on the written request, documents and evidence attached to the request for handling acts of infringing upon copyright and related rights in Vietnam?
What is included in the documents and evidence attached to the request for handling acts of infringing upon copyright and related rights in Vietnam?
Pursuant to Clause 2, Article 75 of Decree No. 17/2023/ND-CP, Article 76 of Decree No. 17/2023/ND-CP, a written request for handling of acts of infringing upon copyright or related rights must be accompanied by the following documents and evidences:
- Evidence proving that he/she is a copyright or related right holder if the requester is an author, performer, copyright owner, related right holder or assignee, inheritor, inheritance of copyright and related rights;
- Evidence proving that acts of infringing upon copyright and related rights have occurred; evidences suspecting that imported or exported goods infringe upon copyright and related rights, for the application for suspension of customs procedures;
- Other documents and evidence to prove their claims.
- Power of attorney notarized or authenticated (in case it is done through an authorized representative);
- Papers proving the status of the representative (in case it is done through the legal representative).
Where to submit a written request for handling infringement of copyright and related rights in Vietnam?
Pursuant to the provisions of Clause 1, Article 80 of Decree No. 17/2023/ND-CP as follows:
Filing and settling petitions for handling infringements of copyright and related rights
1. A written request for handling of acts of infringing upon copyright and related rights shall be submitted to the agency competent to handle infringements specified in Article 200 of the Law on Intellectual Property in Vietnam (hereinafter referred to as infringement handling agency).
Thus, referring to Article 200 of the 2005 Law on Intellectual Property in Vietnam as follows:
Authority for dealing with acts of infringement of intellectual property rights
1. The following bodies shall, within the scope of their respective duties and powers, have authority to deal with acts of infringement of intellectual property rights: courts, inspectorates, market management offices, customs offices, police offices and people's committees at all levels.
2. The application of civil and criminal remedies shall fall within the authority of courts. In necessary cases, courts may apply provisional urgent measures stipulated by law.
3. The application of administrative remedies shall fall within the authority of inspectorates, police offices, market management offices, customs offices and people's committees at all levels. In necessary cases, such bodies may apply preventive measures stipulated by law or measures to secure payment of administrative fines stipulated by law.
4. The application of measures to control intellectual property related imports and exports shall fall within the authority of customs offices.
Thus, a request for handling of acts of infringing upon copyright and related rights shall be submitted to the agency dealing with infringements according to the above contents for each certain scope.
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