Who is a copyright and related right assessor? What are the rights and obligations of a copyright and related right assessor in Vietnam?
Who is a copyright and related right assessor in Vietnam?
Pursuant to Clause 1, Article 93 of Decree No. 17/2023/ND-CP stipulating as follows:
Copyright, related right assessor
1. Copyright, related right assessors are individuals who have sufficient knowledge and professional skills in assessing, concluding issues relating to assessment contents, satisfy conditions under Clause 3 Article 201 of the Law on Intellectual Property, and are acknowledged by competent authorities and issued with copyright, related right assessor's card (hereinafter referred to as “assessor’s card”).
- Being individuals who have sufficient knowledge and professional skills in assessing, concluding issues relating to assessment contents;
- Being a Vietnamese citizen and having full civil act capacity:
- Permanently residing in Vietnam:
- Possessing good ethical qualities:
- Possessing a university or higher degree in a profession relevant to domains in which an assessor card is applied for having conducted professional activities in these domains for five or more years and passed a professional assessment examination.
- Being acknowledged by competent authorities and issued with copyright, related right assessor's card.
Who is a copyright and related rights assessor? What are the rights and obligations of a copyright and related right assessor in Vietnam?
What rights does a copyright and related rights assessor have?
Pursuant to the provisions of Clause 2, Article 93 of Decree No. 17/2023/ND-CP as follows:
Copyright, related right assessor
…
2. Copyright, related right assessors have the right to:
a) Refuse to conduct assessment in case of insufficient relevant documents or insufficient value;
b) Refuse to receive assessment samples due to potential health harm or clunkiness of the samples and/or insufficient storage infrastructures;
c) Use appraisal results or professional conclusion, expertise remarks to serve the assessment;
d) request organizations and individuals to provide information, documents relating to subject of assessment in order to conduct assessment in case of independent copyright, related right assessors unless otherwise regulated by the laws;
dd) exercise other rights as per the law.
Thus, according to current regulations, copyright, related right assessors have 05 rights according to the above-cited content.
What are the obligations of a copyright and related right assessor in Vietnam?
Pursuant to the provisions of Clause 3, Article 93 of Decree No. 17/2023/ND-CP as follows:
Copyright, related right assessor
…
3. Copyright, related right assessors have the obligation to:
a) conduct assessment following rules under Clause 4 Article 201 of the Law on Intellectual Property;
b) produce assessment dossiers; provide explanation for assessment conclusion when requested;
c) preserve and store documents, samples relevant to the case as per the law;
d) independently produce assessment results and be responsible for their assessment results; compensate for damage done to relevant individuals, organizations as a result of incorrect assessment results produced by the assessors;
dd) refuse to conduct assessment if the assessors have rights and benefits relevant to subjects of assessment, assessment cases or other reasons affect fairness of assessment results or other regulations require the assessors to reject;
e) 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;
g) assume legal responsibilities for taking advantage of assessment expertise and assessment operation for personal gain or intentionally producing incorrect assessment results;
h) comply with regulations on assessment procedures;
i) 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;
k) perform other obligations as per the law.
Thus, according to regulations, copyright, related right assessors have the above obligations.
In which, when performing the assessment, the assessor needs to follow the following 5 principles:
- Conformable with law; following assessment procedures;
- Truthful, accurate, objective, unbiased, timely;
- Only giving professional verdicts within the assessment scope;
- Legally responsible for the assessment verdicts;
- Assessment costs shall be determined under agreement between the requesting party and the assessing party.
Nguyễn Thị Hồng Nhung