Guidelines on request for handling infringement of copyright and related rights in Vietnam

Guidelines on request for handling infringement of copyright and related rights in Vietnam​ (Image from Internet)

1. Guidelines on request for handling infringement of copyright and related rights in Vietnam

According to Article 75 of Decree 17/2023/ND-CP on requests for handling acts of infringement of copyright and related rights:

- The request for handling acts of infringement of copyright and related rights must contain the following main contents:

+ Date of the request;

+ Name, address of the organization or individual requesting the handling of the infringement; full name of the representative, if the request is made through a representative;

+ Name of the agency receiving the request;

+ Name, address of the organization or individual committing the act of infringement; name, address of the organization or individual suspected of committing the act of infringement in case of requesting the temporary suspension of customs procedures for export or import goods suspected of infringement;

+ Name, address of the organization or individual having related rights and interests (if any);

+ Name, address of the witness (if any);

+ Summary information about the infringed copyright and related rights: Type of rights, basis for rights arising, summary of the subject matter of rights;

+ Summary information about the act of infringement: Date and place of the infringement, brief description of the infringed subject matter of copyright and related rights, act of infringement; website address, link for acts of infringement of copyright and related rights in the telecommunication network and the Internet environment and other information (if any).

+ Content of the request for applying measures to handle the infringement act;

+ List of documents and evidence attached to the request;

+ Signature of the requester and seal (if available).

- The request for handling acts of infringement of copyright and related rights must be accompanied by documents and evidence as stipulated in Article 76 of Decree 17/2023/ND-CP to justify such request.

2. Evidence of infringement of copyright and related rights in Vietnam

According to Article 78 of Decree 17/2023/ND-CP on evidence of infringement of copyright and related rights:

- The following documents and objects are considered evidence of infringement:

+ The original or a lawful copy of the work, performance, audio or video recording, broadcast program (subject protected by copyright and related rights);

+ Related documents and objects, photographs, audio, video recordings of the considered subject;

+ Explanation, comparison between the considered subject and the subject protected by copyright and related rights;

+ Reports, testimony, notarial records, other documents aiming to prove the infringement.

- The documents and objects stipulated in Clause 1, Article 78 of Decree 17/2023/ND-CP must be itemized, with the signature certification of the requester for handling the infringement.

3. Guidelines for determining the value of foods infringing copyright and related rights in Vietnam

The determination of the value of goods infringing copyright and related rights is regulated in Article 81 of Decree 17/2023/ND-CP as follows:

- Goods infringing copyright and related rights are defined as follows:

+ Infringing goods are components, parts (hereinafter referred to as parts) of a product containing infringing elements and can circulate as an independent product;

+ In cases where the infringing element cannot be separated into a part of the product that can circulate independently as stipulated in point a, clause 1, Article 81 of Decree 17/2023/ND-CP, then the infringing goods are the entire product containing the infringing elements.

- The value of goods infringing copyright and related rights is determined by the agency handling the infringement act at the time the infringement occurs, based on the following priority bases:

+ Listed price of the infringing goods;

+ Actual selling price of the infringing goods;

+ Cost price of the infringing goods, if not yet circulated;

+ Import price of the infringing goods.

- The value of goods infringing copyright and related rights is calculated based on the part (component, detail) of the infringing product as stipulated in point a, clause 1, Article 81 of Decree 17/2023/ND-CP or based on the value of the entire infringing product as stipulated in point b, clause 1, Article 81 of Decree 17/2023/ND-CP.

- In cases where the application of the bases specified in Clause 2, Article 81 of Decree 17/2023/ND-CP is not suitable or there is no consensus between the agency handling the infringement act and the financial agency of the same level regarding the determination of the value of infringing goods, the valuation is decided by the Valuation Council.

The establishment, composition, and working principles of the Valuation Council are in accordance with the provisions of the law on civil procedure, criminal procedure, and handling administrative violations.

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