Which copyright disputes in Vietnam can be settled by the Vietnamese Courts?

In line with Section I, providing for disputes over IPR which fall under the handling competence of People’s Courts (specified in Clause 4, Article 25 and Clause 2, Article 29 of Vietnam Civil Procedure Code) in accordance with Circular 02/2008/TTLT- TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP dated April 03, 2008, guiding the application of a number of legal provisions to the settlement of IPR disputes at People’s Courts, the Vietnamese Courts can settle the copyright disputes concerning the followings:

a) Disputes among individuals over copyright to literature, artistic or scientific works or derivative works;

b) Disputes among co-authors over division of the co-authorship right;

c) Disputes between individuals and organizations over the ownership of copyright to works;

d) Disputes between copyright owners and authors over royalties or remunerations for authors who have created works under task assignments or contracts;

e) Disputes over the exercise of moral rights or economic rights of authors or copyright owners;

f) Disputes over copyright to computer programs or data compilations between entities that provide finance and physical conditions decisive to the development of computer programs or data compilations and designers and developers of these computer programs or data compilations;

g) Disputers over copyright to cinematographic or dramatic works between entities that invest finance and material-technical facilities in the production of these works and persons who participate in the creation of these works and producers of these works, or disputes between them over royalties, remunerations and other material benefits;

h) Disputes between copyright owners and users of published works that are not required to ask for authority or pay royalties or remunerations for the reason that such use affects the normal utilization of these works or causes harms to rights of work authors or copyright owners;

i) Disputes between copyright owners and users of published works that are not required to ask for authority but are obliged to pay royalties or remunerations for the reason that the users fail to pay royalties or remunerations or affect the normal utilization of these works or cause harms to rights of work authors or copyright owners;

j) Disputes over contracts on copyright assignment or licensing, or disputes over contracts on copyright service;

k) Disputes arising from acts of infringing upon copyright;

l) Disputes over succession or inheritance of economic rights as specified in Article 20 and moral rights as specified in Clause 3, Article 19 of the Intellectual Property Law of Vietnam;

m) Other disputes over copyright as specified by law.

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?

Scroll to top