Complete Procedure for Judicial Expertise on Copyright and Related Rights

Circular 02/2019/TT-BVHTTDL stipulates the judicial expertise on copyright and related rights to be conducted according to the following 4-step process:

Illustrated image (source: internet)

Step 1: Receive requests for expertise

- The judicial expert on copyright and related rights, and the organization performing judicial expertise on copyright and related rights receive the request for expertise along with the subject and related documents, samples for expertise. If the conditions for expertise are not met, they must refuse according to the regulations of the law on judicial expertise.- The handover and receipt of dossiers, documents, and subjects related to the request for judicial expertise on copyright and related rights shall be in compliance with the provisions in Article 3 of Circular 07/2014/TT-BVHTTDL.

Step 2: Preparation for expertise

- The judicial expert (JDTP), the JDTP organization studies the dossier of the request and specific legal provisions on intellectual property to prepare for the judicial expertise. If it is necessary to clarify more about the content, the subject of the request, the judicial expert may request additional information and documents.- The judicial expert may either collect the samples for expertise themselves or request the requester to provide the samples. The provision of samples must be recorded in a form according to Form No. 01 of the Appendix issued with this Circular and preserved in the expertise dossier. If necessary, the judicial expert organization may collect test results or other specialized conclusions for their evaluation and conclusion.- The JDTP organization shall decide to conduct the judicial expertise on copyright and related rights either individually or collectively in complex cases. For collective expertise, the number participating must be at least three, including at least one person specialized in Law. The decision to conduct expertise on copyright and related rights shall be in accordance with Form No. 02 in the Appendix issued with this Circular.- The JDTP organization, based on the dossier of the request for expertise, shall select appropriate judicial experts, assign the person responsible for coordinating the expertise process.

Step 3: Conduct expertise

The JDTP examines the subject of expertise, using their knowledge and professional skills to evaluate, conclude on issues related to copyright and related rights according to the law based on the dossier of the request for expertise. Additionally, the JDTP must promptly and fully record the entire expertise process and results in writing (according to Form No. 02 issued with Circular 07/2014/TT-BVHTTDL) to be preserved in the expertise dossier.

Step 4: Conclusion of expertise

Based on the judicial expertise results and the law on intellectual property, the JDTP concludes issues related to copyright and related rights. The conclusion of expertise shall be according to Form No. 04a and 04b issued with Circular 07/2014/TT-BVHTTDL.

Step 5: Hand over the expertise conclusion

Upon completion of judicial expertise on copyright and related rights, the judicial expert, the organization performing judicial expertise is responsible for handing over the expertise conclusion to the requester. The handover memorandum must be according to Form No. 05 issued with Circular 07/2014/TT-BVHTTDL.

Step 6: Establish and preserve expertise dossier

The judicial expert, the organization performing judicial expertise must establish the judicial expertise dossier on copyright and related rights according to the provisions of Clause 1, Article 33 of the Law on Judicial Expertise and this Circular. The preservation and storage of the judicial expertise dossier must comply with the law on archives.

See the full text of the regulation at Circular 02/2019/TT-BVHTTDL, effective from September 1, 2019.

Thu Ba

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE