Vietnam: What conditions must be met for the distribution of non-commercial use of illegal reproduction of copyrighted materials or infringing goods?

Main Content

• How to handle illegal reproduction of copyrighted materials, infringing copyrights and related rights in Vietnam?
• What conditions must be met for the distribution of non-commercial use of illegal reproduction of copyrighted materials or infringing goods?
• What are the goods that infringe copyright or related rights in Vietnam?

How to handle illegal reproduction of copyrighted materials, infringing copyrights and related rights in Vietnam?

Pursuant to Article 82 of Decree No. 17/2023/ND-CP, there are provisions on handling goods infringing copyrights and related rights as follows:

Handling goods infringing copyrights and related rights

1. For illegal reproduction of copyrighted materials, raw materials, materials and means used mainly for the production and trading of such goods, the agency competent to deal with infringement shall apply one of the following measures:

a) Distributing or putting into use for non-commercial purposes as prescribed in Article 83 of this Decree;

b) Destroying as prescribed in Article 84 of this Decree;

c) On a case-by-case basis, the agency handling infringing acts shall apply measures to force the removal of infringing elements and appropriate measures specified in Clause 4 of this Article.

2. For infringing goods that are not illegal reproduction of copyrighted materials, raw materials, materials and means used mainly for the production and trading of such goods, the agency handling infringing acts apply measures to compel the goods owner, carrier, and storekeeper to remove infringing elements from the goods and apply appropriate measures specified in Clause 4 of this Article.

3. Raw materials, materials and means that have the sole function to create and commercially exploit pirated or infringing goods or are actually used solely for that purpose are considered as raw materials, materials and means used mainly for the production and trading of pirated and infringing goods.

4. Depending on each specific case, the agency handling infringing acts shall decide to apply the measures specified at Points a and b, Clause 1 of this Article or, at the request of the right holder, to force organizations or individuals to producer of infringing goods recalls infringing goods that have been put into the distribution channel of such organization or individual to apply the measures specified at Points a and b, Clause 1 of this Article or other measures, if deemed appropriate. In the process of making a decision to handle the infringement, the infringement-handling agency may consider the request of the concerned parties about the handling of the infringing act.

Thus, for illegal reproduction of copyrighted materials, the agency competent to handle infringement shall apply one of the following measures:

- Distributing or using for non-commercial purposes;

- Destroying;

- Depending on each specific case, the agency handling infringing acts shall apply measures to force the removal of infringing elements and appropriate measures.

Vietnam: What conditions must be met for the distribution of non-commercial use of illegal reproduction of copyrighted materials or infringing goods?

What conditions must be met for the distribution of non-commercial use of illegal reproduction of copyrighted materials or infringing goods?

Pursuant to Article 83 of Decree No. 17/2023/ND-CP as follows:

Forced distribution or use for non-commercial purposes

1. Forcible distribution or forced use for non-commercial purposes of illegal reproduction of copyrighted materials or infringing goods must satisfy the following conditions:

a) Goods with usable value, not harmful to human health, livestock, plants and the environment, not cultural products with harmful content;

b) The infringing element has been removed from the goods;

c) The distribution and use is not for profit and does not unreasonably interfere with the normal exploitation of the rights of the copyright holder and related rights, with priority given to humanitarian purposes, from benevolent or serving social interests;

d) The person being distributed or received for use is not a potential customer of the copyright or related right holders.

2. The provisions of Clause 1 of this Article also apply to raw materials, materials and means used mainly for the production and trading of pirated or infringing goods.

Thus, copied goods are processed for distribution or non-commercial use when the following conditions are met:

- Goods with usable value, not harmful to human health, livestock, plants and the environment, not cultural products with harmful content;

- The infringing elements of copyright and related rights have been removed from the goods;

- The distribution and use is not for profit and does not unreasonably affect the normal exploitation of the rights of the copyright and related rights holders;

(Priority for humanitarian, charitable or social benefits)

- The person being distributed or received for use is not a potential customer of the copyright or related right holders.

What are the goods that infringe copyright or related rights in Vietnam?

Pursuant to Article 81 of Decree No. 17/2023/ND-CP stipulating this content as follows:

Determination of the value of goods infringing upon copyright and related rights

1. Goods that infringe copyright or related rights are specified as follows:

a) Infringing goods are parts and details (hereinafter referred to as parts) of products that contain infringing elements and can be circulated as an independent product;

b) In case the infringing element cannot be separated into a part of the product that can be sold independently as prescribed at Point a of this Clause, the infringing goods are the whole product containing the infringing element.

Thus, goods infringing copyright and related rights are prescribed as follows:

- Infringing goods are parts and details (hereinafter referred to as parts) of products that contain infringing elements and can be circulated as an independent product;

- In case the infringing element cannot be separated into a part of the product that can be sold independently as prescribed at Point a of this Clause, the infringing goods is the whole product containing the infringing element.