Royalties to be added in the latest Intellectual Property Law of 2022? Will there be more related terms in the field of intellectual property in Vietnam?
- What is the definition of royalty in Vietnam under the new regulations?
- What are the terms amended in the Law Supplementing a Number of Articles of the Law on Intellectual Property 2022 in Vietnam?
- What are the terms supplemented in the Law Supplementing a Number of Articles of the Law on Intellectual Property 2022 in Vietnam?
What is the definition of royalty in Vietnam under the new regulations?
According to Article 1 of the Law Supplementing a Number of Articles of the Law on Intellectual Property 2022 as follows:
- Royalties are payments for the creation or transfer of copyrights and related rights in works, performances, phonograms, video recordings, broadcasts, including royalties, remuneration.
What are the terms amended in the Law Supplementing a Number of Articles of the Law on Intellectual Property 2022 in Vietnam?
According to Article 1 of the Law Supplementing a Number of Articles of the Law on Intellectual Property 2022, some terms in Article 4 of the Law on Intellectual Property 2005 (amended 2009, 2019) are as follows:
- Derivative work means a work created on the basis of one or more existing works, which is translated from one language into another adapted, modified, transformed, compiled, annotated or selected.
(According to current regulations: Derivative work means a work which is translated from one language into another adapted, modified, transformed, compiled, annotated or selected.)
- Published work, phonogram or video recording means a work, phonogram or video recording which has been made available in a reasonable quantity to the public with the permission of the copyright holder or related right holder.
(According to current regulations: Published work, phonogram or video recording means a work, phonogram or video recording which has been made available in a reasonable quantity of copies to the public with the permission of the copyright holder or related right holder.)
- Reproduction means the making of one or many copies of a work or a phonogram or video recording by whatever mode or in whatever form.
(According to current regulations: Reproduction means the making of one or many copies of a work or a phonogram or video recording by whatever mode or in whatever form, including the backup of the work in electronic form.)
- Broadcasting means the transmission of the sound or image or both, reproductions of the sound or image or both of a work, a performance, a phonogram, a video recording or a broadcast to the public by wire or wireless means, including satellite transmission, in such a way that members of the public may access that work or transmission with the permission of the broadcasting organizations.
(According to current regulations: Broadcasting means the transmission of the sound or image or both of a work, a performance, a phonogram, a video recording or a broadcast to the public by wire or wireless means, including satellite transmission, in such a way that members of the public may access that work from a place and at a time they themselves select.)
Royalties to be added in the latest Intellectual Property Law of 2022? Will there be more related terms in the field of intellectual property in Vietnam?
What are the terms supplemented in the Law Supplementing a Number of Articles of the Law on Intellectual Property 2022 in Vietnam?
According to Article 1 of the Law Supplementing a Number of Articles of the Law on Intellectual Property 2022 as follows:
- Royalties are payments for the creation or transfer of copyrights and related rights in works, performances, phonograms, video recordings, broadcasts, including royalties, remuneration
- Technological measure to protect rights is a measure to use any technique, technology, equipment or component during normal operation with the main function to protect copyright and related rights to the act is done without the permission of the copyright owner, the relevant right holder.
- Effective technological measure means a technological measure to protect rights in which the holder of copyright or related rights controls the use of works, performances, phonograms, video recordings, broadcasts, credits program-carrying satellite signals are encrypted through access control applications, protection procedures, or copy control mechanisms.
- Rights management information means identifying information about works, performances, phonograms, video recordings, broadcasts, encrypted program-carrying satellite signals; about authors, performers, copyright holders, related rights holders and conditions for exploitation and use; numbers and codes showing the above information. Rights management information must be associated with copies or appear concurrently with works, performances, phonograms, video recordings, broadcasts when the work, performance, phonogram, video recording, broadcasts are transmitted to the public.
- Communication to the public is the transmission to the public of a work; sounds and images of the performance; sound, image or representation of sound or image fixed in sound recordings or video recordings by any means other than broadcasting.
The revised Law Supplementing a Number of Articles of the Law on Intellectual Property 2022 takes effect from January 1, 2023.
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