When constructing the regulations on copyright protection, the law-makers realize the importance of self-protecting. In fact, author and owner should acknowledge which conduct may damage their right; thus, they could take action to preserve it. So, what exactly are the regulation on copyright infringement under Vietnamese Law? Let’s find out in the following article.
- 2005 Intellectual Property Law
Definition of copyright infringement
Accordingly, copyright infringement is the unauthorized use of works; following the regulation in Intellectual Property Law. These conducts are, indeed, infringing on the exclusive rights of the author or owner of the work.
Basically, these conducts will fall into the following cases:
- Appropriating copyright to literary, artistic and scientific works
- Impersonate the author
- Publishing and distributing works without the author’s permission
- Publishing and distributing works with co-authors without permission of such co-authors
- Correcting, mutilating or distorting the work in any way that is prejudicial to the honor and reputation of the author
- Copying the work without the permission of the author, the copyright owner
- Making a derivative work without the permission of the author, the copyright owner of the work used to make the derivative work
- Using the work without the permission of the copyright owner, without paying royalties, remuneration or other material benefits
- Lease the work without paying royalties, remuneration and other material benefits to the author or copyright holder
- Duplicate, reproduce, distribute, display or otherwise communicate a work to the public via communication networks and digital means; without the permission of the copyright owner
- Publish the work without the permission of the copyright owner
- Intentionally canceling or invalidating technical measures taken by copyright owners to protect copyright in their works
- Deliberately deleting or otherwise changing the electronic rights management information contained in the work
- Manufacture, assemble, transform, distribute, import, export, sell or lease equipment knowing; or otherwise having grounds to know that such equipment invalidates technical measures taken by the right holder; done by the author to protect the copyright of his work
- Making and selling works where the author’s signature is forged
- Exporting, importing or distributing copies of works without the permission of the copyright owner.
The right on self-protection
Correspondingly, by understanding the fact that many might offend the copyright, the Law on intellectual property has its own regulation for self-protection, supporting the copyright holders. In fact, the conducts will contain the following cases:
- Apply technological measures to prevent acts of infringing upon intellectual property rights
- Request organizations and individuals that commit acts of infringing upon intellectual property rights to stop the infringing acts; apologize, make public corrections, and compensate for damage
- Request competent state agencies to handle acts of infringing upon intellectual property rights
- Initiate lawsuits in court or otherwise arbitration to protect their legitimate rights and interests
- What are the regulations on copyright under Vietnamese law?
- Copyright registration procedure under Vietnamese Law
To be registered for copyright, a work must meet certain copyright protection conditions as follows:
– The work must be creative: it must be directly created by the author and is not allowed to copy other people’s work
– Must be expressed in certain physical forms.
Organizations and individuals whose works are protected by copyright include the person who directly creates the product and the owner of the work.