What are amendments to the regulations on moral rights and economic rights in Vietnam under the Law on Intellectual Property which comes into force from January 01, 2023?
What are amendments to the regulations on moral rights in Vietnam under the Law on Intellectual Property?
According to Clause 5, Article 1, Law on amendments to the Law on Intellectual Property 2022:
"Article 19. moral rights
moral rights include:
1. Naming the work.
The author has the right to transfer the right to name the work to organizations or individuals receiving the transfer of economic rights as specified in Clause 1, Article 20 of this Law;
2. Bearing the real name or pseudonym on the work; being mentioned with the real name or pseudonym when the work is published or used;
3. Publishing the work or allowing others to publish it;
4. Protecting the integrity of the work from distortions; preventing others from modifying or cutting the work in any form that harms the honor and reputation of the author."
Current regulations on moral rights in Vietnam under the Law on Intellectual Property
According to Article 19, Law on Intellectual Property 2005 (amended in 2009, 2019) regulations:
"Article 19. moral rights
moral rights include the following rights:
1. Naming the work;
2. Bearing the real name or pseudonym on the work; being mentioned with the real name or pseudonym when the work is published or used;
3. Publishing the work or allowing others to publish it;
4. Protecting the integrity of the work from distortions, modifications, or cuts in any form that harm the honor and reputation of the author."
Amendments and supplements to the regulations on moral rights and economic rights in Vietnam under the Law on Intellectual Property 2022 effective from January 1, 2023? (Image from the internet)
What are amendments to the regulations on economic rights in Vietnam under the Law on Intellectual Property?
According to Clause 5, Article 1, Law on amendments to the Law on Intellectual Property 2022:
"Article 20. economic rights
1. economic rights include:
a) Creating derivative works;
b) Performing the work in public directly or indirectly through audio, visual recordings, or any technical means accessible to the public, but where the public cannot freely choose the time and specific parts of the work;
c) Reproducing the work entirely or partially by any means or form, except as specified in Clause a, Section 3 of this Article;
d) Distributing, importing for distribution to the public through sale or other transfer of ownership of the original, copies of the work in tangible form, except as specified in Clause b, Section 3 of this Article;
dd) Broadcasting or communicating the work to the public via wired or wireless means, electronic networks, or any other technical means, including providing the work to the public in a way that the public can access it at a place and time of their choosing;
e) Renting the original or copies of cinematographic works, computer programs, except where the computer program is not the main subject of the rental.
2. The rights specified in Section 1 of this Article are exclusively exercised or permitted by the author, copyright holder, in accordance with this Law.
Organizations or individuals utilizing, exploiting one, some, or all rights specified in Section 1 of this Article and Section 3, Article 19 of this Law must have permission from the copyright holder and pay royalties, other material benefits (if any) to the copyright holder, except as specified in Section 3 of this Article, and Articles 25, 25a, 26, 32, and 33 of this Law. Creating derivative works affecting the moral rights specified in Section 4, Article 19 of this Law requires written consent from the author.
3. Copyright holders have no right to prevent organizations or individuals from performing the following actions:
a) Reproducing the work solely to exercise other rights as stipulated by this Law; temporary reproduction by technological processes during the operation of devices transmitting within a network among third parties through an intermediary or legally using the work, without independent economic purpose and automatic deletion of copies with no recovery capability;
b) Subsequent distribution, importation for distribution of the original, copies of the work that the copyright holder has already distributed or permitted to distribute."
What are current regulations on economic rights in Vietnam under the Law on Intellectual Property?
According to Article 20, Law on Intellectual Property 2005:
"Article 20. economic rights
1. economic rights include the following rights:
a) Creating derivative works;
b) Performing the work in public;
c) Reproducing the work;
d) Distributing, importing the original or copies of the work;
dd) Communicating the work to the public via wired or wireless means, electronic networks, or any other technical means;
e) Renting the original or copies of cinematographic works, computer programs.
2. The rights specified in Section 1 of this Article are exclusively exercised or permitted by the author, copyright holder, in accordance with this Law.
3. Organizations or individuals utilizing, exploiting one, some, or all rights specified in Section 1 of this Article and Section 3, Article 19 of this Law must seek permission and pay royalties, fees, other material benefits to the copyright holder."
The Law on amendments to the Law on Intellectual Property 2022, effective from January 1, 2023, amends and supplements certain regulations on moral rights and economic rights as mentioned above.
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