What is the latest guidance on moral rights in intellectual property in Vietnam under Decree 17/2023/ND-CP?
What are the moral rights in intellectual property in Vietnam?
Pursuant to the provisions of Article 19 of the Law on Intellectual Property 2005 as amended and supplemented by Clause 5, Article 1 of the Law on amendments to some Articles of the Law on Intellectual Property 2022 as follows:
Moral rights
Moral rights of authors include :
1. The right to name their works.
Authors are entitled to transfer the right to name their works to other organizations and individuals as prescribed in Clause 1 Article 20 of this Law;
2. The right to have their real names or pseudonyms attached to their works; the right to have their real names or pseudonyms announced when their works are published or used;
3. The right to publish or permit other persons to publish their works;
4. The right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.
Thus, according to the above provisions, the moral rights of authors include :
- The right to name their works.
- The right to have their real names or pseudonyms attached to their works;
- The right to publish their work;
- The right to protect the integrity of their works.
What is the latest guidance on moral rights in intellectual property in Vietnam under Decree 17/2023/ND-CP?
What is the latest guidance on moral rights in intellectual property in Vietnam under Decree 17/2023/ND-CP?
Pursuant to Decree 17/2023/ND-CP detailing a number of articles and measures to implement the Intellectual Property Law on copyright and related rights. Here
The latest guidance on moral rights in intellectual property is specified in Article 14 of Decree 17/2023/ND-CP as follows:
Moral rights
1. The right to name a work specified in Clause 1, Article 19 of the Intellectual Property Law does not apply to works translated from one language into another. The naming of works must not violate the provisions of Clause 2, Article 7 of the Intellectual Property Law and other relevant laws.
2. The right to use a real name or a pseudonym on a work specified in Clause 2, Article 19 of the Intellectual Property Law applies even when the work is used as a derivative work. When publishing and using a derivative work, the real name or pseudonym of the author of the work used as a derivative work must be stated.
3. The right to publish a work or to permit others to publish a work specified in Clause 3, Article 19 of the Intellectual Property Law means the release of copies of a work in any form in a reasonable quantity sufficient to Accessible to the public depends on the nature of the work, performed by the author or copyright holder or by another individual or organization with the consent of the author or copyright holder.
Thus, the application of moral rights to the work is determined as follows:
(1) Right to name the work
- Not applicable to works translated from one language to another;
- Not violating the provisions of Clause 2, Article 7 of the Law on Intellectual Property 2005 as amended and supplemented by Clause 2, Article 1 of the Law on amendments to some Articles of the Law on Intellectual Property 2022 as follows:
Limitations on intellectual property rights
1. Intellectual properly right holders may only exercise their rights within the scope and term of protection provided for in this Law.
2. The exercise of intellectual property rights must not infringe the interests of the State, the public interest or the legitimate rights and interests of other organizations and individuals, and must not breach other relevant provisions of law. Organizations and individuals exercising intellectual property rights related to the National Flag, National Emblem, National Anthem of the Socialist Republic of Vietnam must not obstruct their use and dissemination.
3. In the circumstances where the achievement of defense, security, people's livelihood objectives and other interests of the State and society specified in this Law needs to be guaranteed, the State may prohibit or restrict the exercise of intellectual property rights by the holders or compel the licensing by the holders of one or several of their rights to other organizations or individuals under appropriate terms. The limitation on rights to inventions classified as state secrets complies with regulations of the Government."
(2) Right to use real name or pseudonym on the work
- Also applies when the work is used as a derivative work;
- Must state the real name or pseudonym of the author of the work used as a derivative work.
(3) The right to publish the work or authorize others to publish the work
Publish copies of the work in a quantity that is reasonable enough for public access to the work.
How long is the term of copyright protection in Vietnam?
Pursuant to the provisions of Article 27 of the Law on Intellectual Property 2005 as amended by Clause 8, Article 1 of the Law amending and supplementing a number of articles of the Law on intellectual property 2009 as follows:
Term of copyright protection
1. The moral rights provided for in Clauses 1, 2 and 4. Article 19 of this Law shall be protected for an indefinite term.
2. The moral rights provided for in Clause 3, Article 19 and the economic rights provided for in Article 20 of this Law enjoy the following term of protection:
a/ Cinematographic works, photographic works, works of applied art and anonymous works have a term of protection of seventy five years from the date of first publication. For cinematographic works, photographic works and works of applied art which remain unpublished within twenty five years from the date of fixation, the term of protection is one hundred years from the date of fixation. For anonymous works, when information on their authors is published, the term of protection will be calculated under Point b of this Clause.
b/ A work not specified at Point a of this Clause is protected for the whole life of the author and for fifty years after his/her death. For a work under joint authorship, the term of protection expires in the fiftieth year after the death of the last surviving co-author;
c/ The term of protection specified at Points a and b of this Clause expires at 24:00 hrs of December 31 of the year of expiration of the copyright protection term
Thus, the term of protection of moral rights is determined as follows:
- For the right to name the work, put the real name or pseudonym on the work, protect the integrity of the work:
Protected indefinitely.
- For the right to publish the work or allow others to publish the work:
Comply with the provisions of Clause 2, Article 27 of the Law on Intellectual Property 2005 as amended by Clause 8, Article 1 of the Law amending and supplementing a number of articles of the Law on intellectual property 2009 mentioned above.
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