04 principles of verification of copyrights and relevant rights in Vietnam

On December 13, 2020, the Ministry of Culture, Sports and Tourism of Vietnam issued the Circular No. 15/2012/TT-BVHTTDL guiding the verification of copyrights and relevant rights.

04 nguyên tắc giám định quyền tác giả, quyền liên quan

According to Article 3 of the Circular No. 15/2012/TT-BVHTTDL of the Ministry of Culture, Sports and Tourism of Vietnam, the verification of copyright and relevant rights (hereinafter referred to as verification) is the use of knowledge and professional skills of competent organizations and individuals for assessing and giving conclusion about the issues related to the copyrights and relevant rights at the requests of other organizations and individuals.

The verification of copyright and relevant rights prescribed in Point a Clause 2 Article 39 of the Government's Decree No. 105/2006/NĐ-CP dated September 22nd 2006, detailing and guiding the implementation of a number of articles of the Law on Intellectual property applicable to the protection of intellectual property and the State management of intellectual property (hereinafter referred to as the Decree No. 105/2006/NĐ-CP) amended and supplemented in the Government's Decree No. 119/2010/NĐ-CP dated December 30th 2010 (hereinafter referred to as the Decree No. 119/2010/NĐ-CP), includes:

- The verification of copyrights on literary, artistic, and scientific works prescribed in Article 4 of the Law on Intellectual property;

- The verification of relevant rights over relevant subjects prescribed in Article 17 of the Law on Intellectual property.

Concurrently, according to the Circular No. 15/2012/TT-BVHTTDL of the Ministry of Culture, Sports and Tourism of Vietnam 04 principles of verification of copyrights and relevant rights are specified as follows:

1. Conformable with law.

2. Accurate, objective

3. Only giving professional conclusions about the issues related to the copyrights and relevant rights within the requested scope.

4. Responsible before Law for the verification result.

View more details at the Circular No. 15/2012/TT-BVHTTDL of the Ministry of Culture, Sports and Tourism of Vietnam, effective from February 01, 2013.

Le Vy

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