Law vs. Reality: The Hurdles of Pursuing Damages in Vietnamese Copyright Infringement Cases

Download The transfer price of intellectual property (IP) rights is one of the legal bases specified in Article 205.1(b) of the Vietnam IP Law to determine compensation claims in IP disputes. However, in a recent notable IP infringement case, both levels of court - first instance and appellate court - simultaneously rejected a claim for compensation based on the "transfer price" of IP rights. The case not only sparked endless debates about the complexity of the legal process, but also highlighted a significant challenge in determining the basis and method for Courts to assess and award compensation in IP disputes. Why is...

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How Does Vietnam’s IP Law Need To Provide For AI Generated Works?

Download In the rapidly evolving digital age, the intersection of artificial intelligence (AI) and creative processes presents a unique challenge to traditional notions of copyright. As AI advances with increasingly sophisticated capabilities, it has become a critical component in generating diverse forms of content. In this context, a series of questions arise, requiring deep consideration as to whether works created by AI are eligible for copyright protection. Lawmakers and law enforcement agencies are faced with the necessary task of considering a series of aspects: from determining the originality and copyright status of such works, to the extent of creative input from...

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Takedown Notices: How Do ISPs Handle Copyright Infringement Claims in Vietnam?

Download The landscape of intellectual property rights in Vietnam underwent a significant transformation with the third revision of the Intellectual Property Law in 2022. Among the notable provisions, Article 198b introduced a groundbreaking regulation holding Intermediary Service Providers (ISPs) legally responsible for copyright and related rights infringements by their platform users. Subsequently, on April 26, 2023, the Vietnamese government issued Decree No. 17/2023/NĐ-CP, providing detailed measures to implement the Intellectual Property Law regarding copyright and related rights. 1. Responsibilities of Intermediary Service Providers Upon receiving a removal or blocking request, often in the form of a Cease & Desist Letter, from a copyright...

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An Award of Nearly VND 5 Billion for Copyright Infringement in Vietnam: What Lessons to Be Learned?

Download The copyright infringement case involving a substantial amount of nearly 5 billion VND (approx. USD 218,000) has garnered significant public attention and caught the interest of intellectual property rights holders. The trial took place in August 2022 at the People's Court of Binh Duong province. In this case, the defendant was ordered to compensate a substantial amount of nearly 5 billion VND. The compensation stemmed from the defendant's unauthorized installation of design software by their employees, thereby infringing upon the plaintiff's copyright ownership. The first-instance judgment ruled in favor of the plaintiff, who was the rightful owner of the copyright....

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Why should figurative marks and product labels be registered as copyright in Vietnam?

Download Surprise, shock, bewilderment, anxiety, pessimism and a scenario that all doors are closed is a common state/feeling that many foreign trademark owners fall into when they discover that their trademarks, even their product packagings have been filed for trademark or industrial design registration by a third party in Vietnam. Other holders are desperate that the risk of business strategy in Vietnam will be broken down/jeopardized when they detect that their trademarks and/or their product labels being copied in their entireties, or only some minor changes thereof are made by the third parties for the purpose of business exploitation. Obviously, registering a...

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4 lưu ý quan trọng trong việc bảo hộ chương trình máy tính tại Việt Nam

Chương trình máy tính đang được áp dụng ngày càng rộng rãi và đóng vai trò quan trọng trong nhiều lĩnh vực nhằm phục vụ, đáp ứng một cách hiệu quả cho các nhu cầu và mục đích khác nhau. Cũng như đối với các tài sản trí tuệ khác, chủ thể quyền của chương trình máy tính luôn mong muốn tối ưu hóa mọi biện pháp bảo hộ cho chương trình máy tính mà họ sáng tạo ra để đảm bảo độc quyền sử dụng, thương mại hóa tài sản trí tuệ và thực thi hiệu quả chống lại...

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How to register copyright in Vietnam?

You do not need to apply for copyright registration to enjoy copyright protection in Vietnam. In compliance with the Berne Convention to which Vietnam is a signatory, Vietnam Copyright Law provides that “Copyright shall arise at the time a work is created and fixed in a particular material form, regardless of its content, quality, form, mode, or language, and regardless of whether such work has been published or registered." As such, statutorily, copyright is an automatic right that does not require registration, which means that the author or creator acquires copyright immediately upon completion of the original work. However, IPR...

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Difference between Copyright and Industrial Design Right

Under the Law on Intellectual Property of Vietnam (the IP Law), intellectual property rights mean the rights of organizations and individuals to intellectual assets, including copyright and copyright-related the rights, industrial properly rights and rights to plant varieties. Meanwhile, industrial property rights mean the rights of organizations and individuals to inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, trade marks, trade names, geographical indications and trade secrets they have created or own, and the right to repression of unfair competition....

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Industrial Design Or Copyright Protection, Which You May Be Unaware Of?

In a recent court decision, a High People's Court affirmed the decision made by a lower-level court, in INTERLEGO AG v. Tianjin COKO Toy Co., Ltd. regarding copyright infringement of the Lego bricks. In its landmark decision, the high court confirmed industrial designs' dual protection under patent and copyright law as works of applied art....

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6 benefits of registering a work for copyright protection in Vietnam – Why should a work be registered with Copyright Office of Vietnam?

In conformity with Berne Convention, the IP Law of Vietnam also provides, under Article 6.1, that “Copyright shall arise at the moment a work is created and fixed in a certain material form, irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered”. The aforesaid legislation means that copyright registration is not a pre-requisite for entitlement of copyright protection and proceeding with legal actions. A work is automatically protected in Vietnam without having to register it with Vietnamese competent authority....

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