The statute of limitations for administrative sanctioning of copyright is 2 years

The statute of limitations for administrative sanctioning of copyright is 2 years
Bao Ngoc

This is the new content in Decree 129/2021/ND-CP dated December 30, 2021 amending Decrees on penalties for administrative violations in the tourism sector; sport; copyright and related rights; culture and advertising.

Specifically, Decree 129/2021 supplements regulations on the statute of limitations for sanctioning administrative violations of copyright and related rights as follows:

- The statute of limitations for sanctioning administrative violations of copyright and related rights is 2 years.

- The time to calculate the statute of limitations for sanctioning administrative violations of copyright and related rights is prescribed as follows:

+ For ongoing administrative violations, the statute of limitations is counted from the time the person competent to perform official duties detects the violation;

+ For an administrative violation that has ended, the statute of limitations is counted from the time of termination of the violation;

+ In case of sanctioning an administrative violation against an organization or individual who is transferred by a person competent to make administrative violation records, the statute of limitations for sanctioning shall be applied according to the above provisions up to the time of issuance of the decision on administrative violation. administrative fines.

Note : Within the above time limit, if an organization or individual commits a violation, intentionally evades or obstructs the sanctioning of a competent authority, the statute of limitations for sanctioning will be recalculated from the time of termination. acts of evading, obstructing the sanction.

Decree 129/2021/ND-CP takes effect from January 1, 2022.

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