The title translated into English in the style of a legal document is:How Much is the Fine for a Copyright Examiner Who Must Refuse but Still Conducts the Examination?
Translation
How much can an author rights evaluator be fined for not refusing to assess but still performing the evaluation? What is the penalty for impersonating an advisory organization to provide consultation on author rights? I am currently involved in a copyright dispute over a product with another party and have initiated copyright evaluation. However, the evaluator who is connected to the other party should have refused to perform the evaluation but continues to do so; what is the penalty in this case?How Much is the Fine for an Expert Witness on Copyright Who Refuses but Still Conducts an Examination?
Based on Article 6 of Decree 131/2013/ND-CP regarding violations in the regulation of copyright and related rights examination, it states:
1. A fine ranging from VND 2,000,000 to VND 3,000,000 for the act of conducting an examination on copyright and related rights in cases where the examination should be refused as per the regulations.
A fine ranging from VND 3,000,000 to VND 5,000,000 for concluding an examination falsely for profiteering purposes.
Additional penalties:
Revocation of the Examiner Certificate, Organization Certificate for conducting the examination of copyright and related rights from 1 month to 3 months for the violations specified in Clause 1 and Clause 2 of this Article.
Thus, an expert witness on copyright who is supposed to refuse an examination but still conducts it will be fined from VND 2,000,000 to VND 3,000,000. Moreover, the right to use the Examiner Certificate, Organization Certificate for conducting examinations of copyright and related rights will be revoked for a period ranging from 1 month to 3 months.
How is Impersonating a Consulting Organization to Provide Copyright Consultation Punished?
According to Article 7 of Decree 131/2013/ND-CP regarding violations in the operation of consulting and service organizations, it specifies:
A fine ranging from VND 1,000,000 to VND 3,000,000 for failing to implement reporting policies on consulting and service activities to competent state authorities as prescribed.
A fine ranging from VND 3,000,000 to VND 5,000,000 for any of the following acts:
a) Failing to ensure the conditions of the head of the consulting organization, service on copyright and related rights as prescribed;
b) Using individuals who do not meet the required conditions for providing consulting and services on copyright and related rights.
3. A fine ranging from VND 5,000,000 to VND 10,000,000 for the act of impersonating a consulting and service organization to carry out consulting and service activities on copyright and related rights.
Thus, impersonating a consulting organization to provide copyright consultation will be fined from VND 5,000,000 to VND 10,000,000 for the violation.
Best regards!
