When detecting acts of copyright infringement by organizations or individuals, the discoverer may file a denunciation of violations of intellectual property regulations to a competent state agency for management function to promptly take measures to prevent and prevent the consequences. So about the matter “Copyright Infringement Complaint in Vietnam” Let’s find out with LSX in the article below. Hope the article will help you with your issue!
Legal grounds
- Law on Intellectual Property 2005
What is a Copyright Infringement Complaint Form?
Piracy is the unauthorized use of copyright-protected works, unless authorized, thereby infringing upon some of the exclusive rights granted to the copyright holder, such as the right to copy, distribute distribute, display or perform protected work, or to perform. The copyright holder is usually the creator of the work or the publisher or other business that assigns the copyright. Copyright holders frequently invoke legal and technological means to prevent and penalize piracy.
Copyright infringement disputes are usually resolved through direct negotiation, notice and resolution, or litigation in civil court. General or large-scale commercial violations, especially when involved, are sometimes prosecuted through the criminal justice system. Changing public expectations, advances in digital technology, and the increasing access of the Internet have led to anonymization violations, so pervasive that copyright-dependent industries are now less centralized to focus on pursuing individuals finding and sharing copyright-protected content online, but focuses on expanding copyright laws that recognize and sanction, as indirect infringers, service providers and software distributors are believed to facilitate and encourage the personal invasions of others.
Copyright Infringement Complaint Form is a form created to complain about copyright infringement and record the claim of copyright infringement.
Copyright infringement complaint form to complain about copyright infringement to the National Office of Intellectual Property or other competent agencies for settlement.
Copyright Infringement Complaint in Vietnam
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
———
……day month Year …
COMPLAINT LETTER
(About copyright infringement)
– Pursuant to the 2011 Law on Complaints;
– Pursuant to the 2019 Intellectual Property Law;
– Pursuant to Acts/Texts/Works/Inventions……………………
To: INTELLECTUAL PROPERTY DEPARTMENT Or: COPYRIGHT DEPARTMENT (for works)
My name is:………… Year of birth:… … Identity card number:…….. issued by CA…… date…./…./… Permanent address:……. Currently residing at:………….. Contact phone number:…… Is:…………. (eg: the author of the work….or the owner of the industrial property right to the invention…………..or: the legal representative of the company……. has been registered with the public property right. industry for inventions………..). I would like to present the following facts: ………… (Presentation of grounds for determining copyright infringement: works/inventions…………. are copyrighted at the Copyright Office/Property Department) intellectual property at a particular time and how the complainant infringed the copyright of the work/invention…….) Pursuant to point…. Clause…… Article…… 2013 Intellectual Property Law: “… ” (Excerpt from text, if any)
Example: Pursuant to Article 28 of the 2019 Intellectual Property Law:
“Article 28. Acts of copyright infringement”
1. Appropriating copyright to literary, artistic and scientific works.
2. Impersonate the author.
3. Publishing and distributing works without author’s permission.
4. Publishing and distributing works with co-authors without permission of such co-authors…”
Our company perceives, Mr/Ms/Company…………. has acted …………. Therefore, I am making this application to complain about the behavior of … of… to your agency. I request your agency to consider and resolve this matter in accordance with the law, ensuring the legitimate rights and interests of me/our company. I suggest you: -…. (the content that the complainant wants the subject to handle the application to do) I hereby certify that all of the above content is completely true and I take responsibility for these contents.
I appreciate it!
Applicant
(Sign and write full name)
Instructions and records of copyright infringement complaints
Instructions on how to write a complaint:
(1) Name of the agency, organization or individual competent to settle complaints
(2) Name of the complainant.
– If you are the representative to make a complaint for an agency or organization, clearly state your title and name of the agency or organization you represent.
– If the person is authorized to make a complaint, specify which agency, organization or individual authorized.
(3) This content is recorded by the complaint settlement agency.
(4) Whose complaint is the first (or second time) complaint against an administrative decision or act?
(5) Complaint content
– Write a summary of the incident to the complaint;
– Request (suggestion) of the complainant (if any);
Copyright infringement complaint file:
For copyright infringement lawsuits, readable, audible, and visible documents that are valuable as evidence normally include:
– Certificate of copyright granted by the Copyright Office of the Ministry of Culture and Information. The certificate of copyright is evidence to prove that the person named in this paper is the author of the work.
In case the litigant does not carry out the registration procedures at the Copyright Office, if he/she wants to prove that he/she is the author, he/she must prove that he/she has created the work and that creation has been shaped in a form of material consciousness;
– Literary, artistic and scientific works expressed in the form of: articles, books, magazines, tapes, audio discs, tapes, video discs, etc., with contents infringing upon protected works;
– Creative lease agreement; labor contract and written assignment of work in case of proving that the individual or organization is the owner of the work;
– Lawful wills, judgments and decisions of the Court on division of inheritance in case of settlement of disputes arising from inheritance of copyright;
– The contract to use the work in case of dispute settlement over the contract to use the work;
– Copyright service contract in case of dispute settlement over copyright service contract;
– Contracts for renting art performances, contracts for organizing the production of cultural and art programs; contracts for production and distribution of audio and video tapes; contracts in the field of radio and television in case of settlement of disputes arising from these relations; and
– Invoice for payment of remuneration and royalties in case of dispute settlement related to the author’s right to enjoy these amounts.
For disputes over industrial property rights, readable, audible, and visible documents that are valuable as common evidence include:
– An industrial property object protection title is used to prove that the person named in the title is the author or owner of the industrial property object. Specifically, Patents for inventions, utility solutions, and industrial designs.
Certificate of trademark registration, Certificate of right to use appellation of origin of goods, Certificate of registration of layout design of semiconductor integrated circuits, Certificate of protection of new plant varieties;
– Creative lease agreement; labor contract and work assignment document in case of proving that he is the owner of the industrial property object in case of proving who is the author or owner of the industrial property object;
– Legal wills, court judgments and decisions on division of inheritance in case of dispute settlement over inheritance of industrial property rights;
– Contracts on transfer of ownership of industrial property objects, licensing contracts in case of settlement of disputes arising from these contracts;
– Industrial property representation service contract in case of dispute settlement arising from this contract;
– Application form and other documents proving that the application has been submitted;
– Contracts and other papers on the sale, purchase, custody, advertisement, export and import of goods/services bearing the protected industrial property object in case of proving violations. Industrial property rights;
– Valid invoices and vouchers;
– List of well-known trademarks in case of proving that trademarks or trade names are similar or similar to well-known trademarks.
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Frequently asked questions
Copyright is a copyright to a work created by you. Usually for his work right at the time when the author creates the product. Other individuals must not infringe upon the author’s rights to manage, use and exploit the value of the work without consent.
Individuals and organizations that hold the copyright have the right to use as well as exploit the related benefits of the product. Therefore, the law also protects their basic rights. Copyright holders are specified in the national legal system, through which it is also internationally recognized and protected.
Piracy is understood as the unauthorized use of another person’s work that is copyrighted and protected by copyright law, such as copying, distributing, displaying or performing protected work. guard,…
According to the provisions of the law, in case of copyright infringement can be administratively sanctioned, specifically:
A fine of between VND 3 million and 5 million shall be imposed for arbitrarily modifying or mutilating works that are detrimental to the honor and reputation of the author;
A fine of between 5 million and 10 million dong shall be imposed for transgressing works that are detrimental to the honor and reputation of the author;
A fine ranging from VND 15 million to VND 35 million shall be imposed for copying a work without the permission of the copyright owner.
Conclusion: So the above is Copyright Infringement Complaint in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
