What are conditions on institution of a civil lawsuit over copyright or related rights in Vietnam?
What are conditions on institution of a civil lawsuit over copyright or related rights in Vietnam? - Question from Ms. Bich Phuong (phuong***@gmail.com)
What are conditions on institution of a civil lawsuit over copyright or related rights in Vietnam? - image from internet
Pursuant to Clause 1 Section IIIA of the Joint Circular 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP stipulating conditions on institution of a civil lawsuit over copyright or related rights in Vietnam:
a/ The copyright and related rights have been established under Clauses 1 and 2, Article 6 of the Intellectual Property Law.
The author, copyright holder or related rights holder may file an application for a registration certificate of copyright or related rights under Article 49 of the Intellectual Property Law. However, this is not a compulsory procedure for enjoyment of copyright or related rights.
If parties involved in a dispute over copyright or related rights institute a lawsuit to request a court to protect their lawful rights and interests, the court shall consider the case regardless of whether or not they have registration certificates of copyright or related rights or whether or not they have filed applications for registration of copyright or related rights.
b/ The duration of protection of copyright or related rights has not expired under the law on intellectual property.
The author, copyright holder and related rights holder may only exercise their moral rights and economic rights within the scope and in the duration prescribed by the law on intellectual property.
The duration of protection of copyright or related rights is specified in Clauses 2 and 3, Article 739 of the 2005 Civil Code, Articles 27 and 34 of the Intellectual Property Law and Article 26 of Decree No. 100/2006/ND-CP.
Upon the expiration of the duration of protection of copyright or related rights under the above provisions (except for moral rights specified in Clauses 1, 2 and 4, Article 19 of the Intellectual Property Law), rights of the author, copyright holder and related rights holder will no longer be protected by the State and the law. Unless the law specifies no protection duration for copyright, the court shall accept lawsuit petitions for handling only in case these rights are still in the protection duration.
Above are conditions on institution of a civil lawsuit over copyright or related rights in Vietnam. Please refer to the Joint Circular 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP for further information.
Best regards!
