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

In line with Section I, providing for IPR disputes which fall under the handling competence of People’s Courts (specified in Clause 4, Article 25 and Clause 2, Article 29 of the 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 rights at People’s Courts, the Vietnamese courts can settle the related right disputes concerning the followings:

a) Disputes between investors and performers over moral rights and economic rights to performances; disputes between performers and users of economic rights to performances over remunerations;

b) Disputes between producers of phonograms or video recordings and entities exercising rights of producers of phonograms or video recordings over material benefits from public distribution of these phonograms or video recordings;

c) Disputes between broadcasting organizations and users of rights of broadcasting organizations over material benefits from audio or video recording or public distribution of these organizations’ broadcasts;

d) Disputes between performers, producers of phonograms or video recordings or broadcasting organizations and entities exercising related rights that are not required to ask for authority or pay royalties or remunerations for the reason that the use of these performances, phonograms, video recordings or broadcasts affects their normal utilization and cause harms to rights of performers, producers of phonograms or video recordings or broadcasting organizations;

e) Disputes between authors, copyright owners, performers, producers of phonograms or video recordings or broadcasting organizations and users of related rights that are not required to ask for authority but are obliged to pay royalties or remunerations for the reason that users are not required to pay royalties or remunerations or the use affects the normal utilization of performances, phonograms, video recordings, broadcasts and causes harms to rights of performers, producers of phonograms or video recordings or broadcasting organizations;

f) Disputes over related rights to performances, phonograms, video recordings or broadcasts (who are owners of these performances, phonograms, video recordings or broadcasts);

g) Disputes arising from acts of infringing upon related rights;

h) Disputes over succession or inheritance of related rights;

i) Other disputers over related rights 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?

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