How is term of protection of related rights stipulated in Vietnam? What actions infringe related rights?
What are related rights?
Pursuant to Clause 1, Clause 3 Article 4 of the Law on Intellectual Property 2005 of Vietnam (amended by Clause 2 Article 1 of Amendments and Supplement a number of articles of the Law on Intellectual Property 2005 of Vietnam) stipulating related rights as follows:
- Intellectual property rights means rights of an organization or individual to intellectual assets comprising copyright and copyright related rights, industrial property rights and rights to plant varieties.
- Copyright related rights (hereinafter referred to as related rights) means rights of an organization or individual to performances, audio and visual fixation, and broadcasts and satellite signals carrying coded programmes.
Thus, it can be seen that related rights is one of the intellectual property rights, relating to rights of an author to performances, audio and visual fixation, and broadcasts and satellite signals carrying coded programmes.
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Who are related right holders?
Pursuant to Article 44 of the Law on Intellectual Property 2005 of Vietnam stipulating the related right holders, specifically:
"Article 44. Related right holders
1. Organizations and individuals who use their time and make a financial investment in or use their material and technical facilities to give a performance shall be the owners of such performance unless otherwise agreed with the parties concerned.
2. Organizations and individuals who use their time and make a financial investment in or use their material and technical facilities to produce audio and visual fixation shall be the owners of such audio and visual fixation unless otherwise agreed with the parties concerned.
3. Broadcasting organizations shall be the owners of their broadcasts unless otherwise agreed with the parties concerned."
How is term of protection of related rights stipulated in Vietnam?
Pursuant to Article 34 of the Law on Intellectual Property 2005 of Vietnam stipulating the term of protection of related rights as follows:
"Article 34. Term of protection of related rights
1. The rights of performers shall be protected for fifty (50) years calculated from the year following the year of formulation [into a fixed form] of a performance.
2. The rights of producers of audio and visual fixation shall be protected for fifty (50) years calculated from the year following the year of publication, or fifty (50) years calculated from the year following the year of formulation of any unpublished audio and visual fixation.
3. The rights of broadcasting organizations shall be protected for fifty (50) years calculated from the year following the year of the making of a broadcast.
4. The terms of protection stipulated in clauses 1, 2 and 3 of this article shall expire at 24:00 hours on 31 December of the year of expiration of the term of protection of the related rights."
Thus, the term of protection of film producers shall be protected for fifty (50) years calculated from the year following the year of publication, or fifty (50) years calculated from the year following the year of formulation of any unpublished audio and visual fixation.
What actions infringe related rights?
Article 35 of the Law on Intellectual Property 2005 of Vietnam stipulates the actions infringing related rights, specifically:
- Appropriating the rights of a performer, producer of audio and visual fixation, or of a broadcasting organization. - Impersonating a performer, producer of audio and visual fixation, or a broadcasting organization.
- Publishing, producing and distributing a formulated performance, audio and visual fixation or a broadcast without permission from the performer, producer of the audio and visual fixation or from the broadcasting organization.
- Modifying, editing or distorting a performance in any way which prejudices the honour and reputation of the performer.
- Copying or reciting from a formulated performance, audio and visual fixation or a broadcast without permission from the performer, producer of the audio and visual fixation or from the broadcasting organization.
- Deliberately deleting or modifying electronic information regarding management of rights without permission from the related right holder. - Deliberately destroying or de-activating the technical solutions applied by the related right holder to protect his or her rights.
- Publishing, distributing or importing for public distribution performances, copies of a fixed performance or audio and visual fixation knowing, or having grounds to know, that electronic information regarding management of rights has been deleted or modified without permission from the related right holder.
- Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing out equipment knowing, or having grounds to know, that such equipment helps to illegally decode satellite signals carrying coded programmes.
- Deliberately receiving or relaying satellite signals carrying coded programmes without permission from the legal distributor.
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