What are the principles of assessment regarding copyright and related rights in Vietnam? What are the contents of the assessment?
What are the principles of assessment regarding copyright and related rights in Vietnam?
Pursuant to the provisions of Clause 3, Article 92 of Decree No. 17/2023/ND-CP as follows:
Assessment regarding copyright and related rights
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3. Rules for conducting assessment regarding copyright, related rights shall conform to Clause 4 Article 201 of the Law on Intellectual Property.
According to that, reference is made to Clause 4, Article 201 of the 2005 Law on Intellectual Property in Vietnam as amended by Point b, Clause 78, Article 1 of the 2022 Law on Amendments to Law on Intellectual Property in Vietnam as follows:
Intellectual property assessment
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4. Assessment principles:
a) Conformable with law; following assessment procedures;
b) Truthful, accurate, objective, unbiased, timely;
c) Only giving professional verdicts within the assessment scope;
d) Legally responsible for the assessment verdicts;
dd) Assessment costs shall be determined under agreement between the requesting party and the assessing party.
Thus, the assessment regarding copyright and related rights is carried out according to the above five principles.
What are the principles of assessment regarding copyright and related rights in Vietnam? What are the contents of the assessment?
What are the contents of the assessment regarding copyright and related rights in Vietnam?
Pursuant to Article 92 of Decree No. 17/2023/ND-CP stipulating as follows:
Assessment regarding copyright and related rights
1. Assessment regarding copyright and related rights means when competent organizations and individuals utilize their knowledge and professional operations in order to assess and conclude issues relating to copyright, related rights at request of requesting organizations, individuals.
2. Assessment regarding copyright and related rights includes:
a) Determining of grounds for copyright, related rights in accordance with Article 65 hereof;
b) Determining of whether examined subjects qualify as infringing elements of copyright, related rights in accordance with Clause 2 Article 64, Article 66, and Article 67 hereof;
c) Determining of whether overlap, similarity, equivalence, confusion, difficulty in distinguishing, or reproduction occurs between examined subjects and subjects under copyright, related right protection;
d) Determining of value of copyright, related rights, damages in accordance with price laws.
3. Rules for conducting assessment regarding copyright, related rights shall conform to Clause 4 Article 201 of the Law on Intellectual Property.
Thus, assessment regarding copyright and related rights means when competent organizations and individuals utilize their knowledge and professional operations in order to assess and conclude issues relating to copyright, related rights at request of requesting organizations, individuals.
Assessment regarding copyright and related rights includes:
- Determining of grounds for copyright, related rights;
- Determining of whether examined subjects qualify as infringing elements of copyright, related rights;
- Determining of whether overlap, similarity, equivalence, confusion, difficulty in distinguishing, or reproduction occurs between examined subjects and subjects under copyright, related right protection;
- Determining of value of copyright, related rights, damages in accordance with price laws.
What are the rights of copyright, related right assessing bodies?
Pursuant to Article 95 of Decree No. 17/2023/ND-CP on organization of assessment regarding copyright and related rights as follows:
Copyright, related right assessing bodies
1. Copyright, related right assessing bodies are organizations fulfilling regulations under Clause 2 and Clause 2a Article 201 of the Law on Intellectual Property, relevant law provisions and being issued with the Certificate of copyright, related right assessing bodies (hereinafter referred to as “Certificate of assessing bodies”).
2. Copyright, related right assessing bodies have the right to:
a) hire copyright, related right assessors to conduct ad hoc assessment;
b) request organizations and individuals to provide information and documents relating to assessment subject for the purpose of the assessment, unless otherwise prescribed by law;
c) exercise other rights as per the law.
3. Copyright, related right assessing bodies have the obligation to:
a) operate within the field of assessment specified under Certificate of business registration or Certificate of operation registration and Certificate of assessing bodies;
b) conduct assessment following rules under Clause 4 Article 201 of the Law on Intellectual Property;
c) preserve and store documents relating to the case;
d) 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;
dd) refuse to receive the case and conduct assessment if other regulations and law require the assessing bodies to refuse to conduct assessment;
e) 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;
g) perform other obligations as per the law.
Thus, copyright, related right assessing bodies have the right to:
- hire copyright, related right assessors to conduct ad hoc assessment;
- request organizations and individuals to provide information and documents relating to assessment subject for the purpose of the assessment, unless otherwise prescribed by law;
- exercise other rights as per the law.
Nguyễn Thị Hồng Nhung
