Rights and obligations of copyright, related right assessors in Vietnam

Rights and obligations of copyright, related right assessors in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Who are copyright, related right assessors?

Copyright, related right assessors are individuals who have sufficient knowledge and professional skills in assessing, concluding issues relating to assessment contents, satisfy conditions under Clause 3 Article 201 of the Law on Intellectual Property, and are acknowledged by competent authorities and issued with copyright, related right assessor's card (hereinafter referred to as “assessor’s card”).

Specifically, an individual who fully meets the following conditions shall be granted an assessor’s card by a competent state agency:

- Being Vietnamese nationals, have full legal capacity;

- Residing in Vietnam;

- Having good moral character;

- Possessing a university degree or higher in a major relevant to the field for which the assessment card is applied for, having practiced professional activities in that field for five years or more and meeting the requirements for professional inspection in that field. determined.

(Clause 1, Article 93 of Decree 17/2023/ND-CP)

2. Rights and obligations of copyright, related right assessors in Vietnam

2.1. Rights of the copyright, related right assessors in Vietnam

According to Clause 2, Article 93 of Decree 17/2023/ND-CP, copyright, related right assessors have the right to:

- Refuse to conduct assessment in case of insufficient relevant documents or insufficient value;

- Refuse to receive assessment samples due to potential health harm or clunkiness of the samples and/or insufficient storage infrastructures;

- Use appraisal results or professional conclusion, expertise remarks to serve the assessment;

- request organizations and individuals to provide information, documents relating to subject of assessment in order to conduct assessment in case of independent copyright, related right assessors unless otherwise regulated by the laws;

- exercise other rights as per the law.

2.2. Obligations of copyright, related right assessors in Vietnam

According to Clause 3, Article 93 of Decree 17/2023/ND-CP, copyright, related right assessors have the obligation to:

- Conduct assessment following rules under Clause 4 Article 201 of the Law on Intellectual Property;

+ Conformable with law; following assessment procedures;

+ Truthful, accurate, objective, unbiased, timely;

- Only giving professional verdicts within the assessment scope;

+ Legally responsible for the assessment verdicts;

+ Assessment costs shall be determined under agreement between the requesting party and the assessing party.

- Produce assessment dossiers; provide explanation for assessment conclusion when requested;

- Preserve and store documents, samples relevant to the case as per the law;

- Independently produce assessment results and be responsible for their assessment results; compensate for damage done to relevant individuals, organizations as a result of incorrect assessment results produced by the assessors;

- Refuse to conduct assessment if the assessors have rights and benefits relevant to subjects of assessment, assessment cases or other reasons affect fairness of assessment results or other regulations require the assessors to reject;

- Maintain confidentiality of information and documents at request of applicants and compensate for damage done to relevant individuals, organizations as a result of disclosing information;

- Assume legal responsibilities for taking advantage of assessment expertise and assessment operation for personal gain or intentionally producing incorrect assessment results;

- Comply with regulations on assessment procedures;

- Communicate and submit reports on 6-monthly and yearly assessment operation to state authorities governing copyright and related rights affiliated with the Ministry of Culture, Sports and Tourism;

- Perform other obligations as per the law.

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