Could you tell us conditions on institution of a civil lawsuit over copyright or related rights in Vietnam?

Conditions on institution of a civil lawsuit over copyright or related rights in Vietnam:

a) The copyright and related rights have been established under Clauses 1 and 2, Article 6 of the Vietnam Intellectual Property Law.

The author, copyright holder or related rights holder may file an application for a registration certificate of copyright or related rights under Article 49 of Vietnam IP Law. However, this is not a compulsory procedure for enjoyment of copyright or related rights.

If parties involved in a dispute over copyright or related rights institute a lawsuit to request a Vietnamese Court to protect their lawful rights and interests, such Court shall consider the case regardless of whether or not they have registration certificates of copyright or related rights or whether or not they have filed applications for registration of copyright or related rights.

b) The duration of protection of copyright or related rights has not expired under the law on intellectual property.

The author, copyright holder and related rights holder may only exercise their moral rights and economic rights within the scope and in the duration prescribed by the law on intellectual property.

The duration of protection of copyright or related rights is specified in Clauses 2 and 3, Article 739 of the 2005 Civil Code, Articles 27 and 34 of the Intellectual Property Law and Article 26 of Decree No. 100/2006/ND-CP.

Upon the expiration of the duration of protection of copyright or related rights under the above provisions (except for moral rights specified in Clauses 1, 2 and 4, Article 19 of Vietnam IP Law), rights of the author, copyright holder and related rights holder will no longer be protected by the State and the law. Unless the law specifies no protection duration for copyright, the court shall accept lawsuit petitions for handling only in case these rights are still in the protection duration

INDEX:

Question & Answer for Joint Circular No. 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP of April 3, 2008, Guiding the Application of a Number of Legal Provisions to the Settlement of Disputes over intellectual Property Rights at People’s Courts

Question 1: Disputes over intellectual property rights which fall under the handling competence of people’s courts in Vietnam

Question 2: Right to institute civil lawsuits on IPR in Vietnam

Question 3: Conditions on institution of civil lawsuits over intellectual property rights in Vietnam

Question 4: Application of law: IP Law of Vietnam or other Laws?

Question 5: Application of transitional provisions to settling disputes over intellectual property rights in Vietnam

Question 6: Intellectual property assessment in Vietnam – Vietnam Intellectual property assessment

Question 7: Claims for compensations for damage upon infringing Intellectual Property Rights in Vietnam

Question 8: Bases for determination of compensations to be paid for damage caused by infringements of IPRs in Vietnam

Question 9: Provisional urgent measures in Vietnam

Question 10: The right and burden of proof of involved parties in a civil proceedings in Vietnam

Question 11: Court rulings on application of civil remedies in Vietnam (Article 202 of Vietnam Intellectual Property Law)

Question 12: Coordination in settling IPR disputes

How do the Vietnamese enforcement authorities coordinate to handle the IPR disputes?

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