ESTABLISHMENT AND TRANSFER OF

COPYRIGHT AND RELATED RIGHTS

Module: Intellectual Property Rights

Lecturer: Do Tien Dat (LL.M.)
 I.
ESTABLISHMENT OF COPYRIGHT
AND RELATED RIGHTS
Mr. X composed Poem A and handwrote it on paper in January 2023. In April
2023, Mr. Y set Poem A to music without permission and without paying
royalties to Mr. X, then registered the copyright at the Copyright Office,
which recognized Mr. Y as the author of Song A. Upon learning this
information, Mr. X negotiated with Mr. Y twice, but the negotiations failed,
so Mr. X filed a lawsuit against Mr. Y. In your opinion, when Mr. X files the
lawsuit, what should Mr. Y do initially? Who bears the burden of proof?
 AUTOMATIC ESTABLISHMENT

Article 6.1 of Vietnam IP Law

“Copyright arises from the moment a work is created and expressed in
a tangible form, regardless of its content, quality, form, medium,
language, whether it has been published or unpublished, registered or
unregistered”

Article 6.2 of Vietnam IP Law

“Related rights arise from the moment a performance, audio recording,
video recording, broadcast, or encrypted satellite signal carrying
programs is fixed or performed, without causing harm to copyright”
 REGISTRATION OF COPYRIGHT, RELATED RIGHTS

Article 49 of Vietnam IP Law

1. Registration of copyright and related rights is the process in which the

author, copyright owner, or related rights owner submits an application to
the competent state authority to record information about the author,
the work, the copyright owner, or the related rights owner.

2. The submission of an application to obtain a Copyright Registration

Certificate or a Related Rights Registration Certificate is not a
mandatory procedure to enjoy copyright or related rights as stipulated
by this Law.

3. Organizations or individuals that have been granted a Copyright

Registration Certificate or a Related Rights Registration Certificate are not
obligated to prove their ownership of the copyright or related rights
in the event of a dispute, unless there is evidence to the contrary.
REGISTRATION OF COPYRIGHT, RELATED RIGHTS

Copyright Office of
Vietnam

Address: No. 33 Alley 294/2

Kim Ma, Ba Dinh, Hanoi

• Website: cov.gov.vn
 II.
TRANSFER OF COPYRIGHT
AND RELATED RIGHTS
TRANSFER OF COPYRIGHT AND RELATED RIGHTS

Copyright/Related Rights
Assignment

Copyright/Related Rights
Licensing
Assignment
 Assignment

“Assignment of copyright and related rights means the

transfer by copyright owners or related right owners
of the ownership of the rights specified in Clause 3
of Article 19, Article 20, Clause 3 of Article 29, Article
30, and Article 31 of this Law to other organizations or
individuals through a contract or as prescribed by
relevant laws.”
- Article 45.1 of Vietnam IP Law -

Concept
 Assignment

Assignor: This is the copyright or related rights

owner, or a person authorized by the owner.

Assignee: These are individuals or organizations that

seek to own copyright or related rights to use them for
their exploitation purposes (for example, film
Subjects companies, broadcasting organizations, performance
organizations, etc.).
 Assignment

The owner of copyright or related rights may

authorize collective management organizations
for copyright and related rights to represent them in
signing assignment contracts.

For example: Vietnam Literary Copyright Center,

Vietnam Recording Industry Association, Vietnam

Subjects Music Copyright Protection Center,

Reproduction Rights Organization, etc.
Vietnam
 Assignment

Copyright Assignment Contract

• Right to publish the work (Clause 3, Article 19)
• Property rights (Article 20)

Related Rights Assignment Contract

• Property rights for performances (Clause 3, Article 29)
• Property rights for audio and video recordings (Article
30)
Objects • Property rights for broadcasts (Article 31)
 Assignment

Copyright and related rights assignment

contracts include the following main terms:
• Parties involved in the contract
• Object of the contract
• Basis for the assignment
• Assignment price; payment method, form, time, and
place of payment…
• Rights and obligations of the parties
• Liability for contract violations
Content •
•
Dispute resolution methods
…
Licensing
 Licensing

“Licensing of copyright and related rights means the

grant of permission by the copyright owner or
related right owner for another organization or
individual to use for a definite term one, several or
all of the rights specified in Clause 1 and Clause 3 of
Article 19, Clause 1 of Article 20, Clause 3 of Article 29,
Clause 1 of Article 30, and Clause 1 of Article 31 of this
Law.”
- Article 47.1 of Vietnam IP Law - Concept
 Licensing

Licensor: Copyright or related rights owner, or a

person authorized by the owner.

Licensee: These are individuals or organizations that

seek to exploit or use the work, performance, audio
recording, video recording, or broadcast.

Subjects
 Licensing

Copyright Licensing Contract

• Right to name the work (Clause 1, Article 19)
• Right to publish the work (Clause 3, Article 19)
• Property rights (Article 20)

Related Rights Licensing Contract

• Property rights for performances (Clause 3, Article
29)
• Property rights for audio and video recordings
(Article 30)
Objects
• Property rights for broadcasts (Article 31)
 Licensing

A copyright or related rights licensing contract

includes the following main terms:
 Parties involved in the contract;
 Basis for the license;
 Scope of the licensed rights:
 Rights being licensed
 Exclusive or non-exclusive use
 Limitations on the scope of use
 Price and payment method;
 Rights and obligations of the parties;
Content
 Liability for contract violations
 …
 Contracts

A contract is an agreement between the parties to establish, change, or

terminate civil rights and obligations.
- Article 385 of Vietnam Civil Code -

Conditions for the validity of a contract:

- The subjects have legal personality and legal capacity appropriate to the
contract being established;
- The subject participating in the contract is completely voluntary;
- The purpose and content of the contract do not violate prohibitions of the
law and are not contrary to social morals;
- The form of the contract is a condition for the validity of the contract in
cases where the law provides.
 ACTS OF INFRINGEMENT ON COPYRIGHT AND
RELATED RIGHTS AND SELF-PROTECTION MEASURES

Module: Intellectual Property Rights

Lecturer: Do Tien Dat (LL.M.)
 COPYRIGHT INFRINGEMENT (Article 28)

• Infringement of moral rights.

• Infringement of property rights.
• Failure to perform or inadequate performance of obligations stipulated in Articles
25, 25a, and 26.
• Intentionally removing or disabling effective technological measures implemented
by the author or copyright owner to protect their copyright over their work in
order to commit the acts specified in this Article and Article 35.
• Manufacturing, distributing, importing, offering for sale, selling, promoting,
advertising, marketing, leasing, or storing for commercial purposes devices,
products, or components, or introducing or providing services, when knowing
or having reason to know that such devices, products, components, or
services are designed or used to disable effective technological
measures protecting copyright.
 COPYRIGHT INFRINGEMENT (Article 28)

• Intentionally deleting, removing, or altering rights management

information without the permission of the author or copyright owner when
knowing or having reason to know that such acts will incite, enable, facilitate, or
conceal acts of copyright infringement as prescribed by law.
• Intentionally distributing, importing for distribution, broadcasting,
communicating, or providing to the public copies of a work when knowing or
having reason to know that rights management information has been
deleted, removed, or altered without the permission of the copyright owner;
when knowing or having reason to know that such acts will incite, enable,
facilitate, or conceal acts of copyright infringement as prescribed by law.
• Failing to comply with or inadequately complying with the provisions for
exemption from legal liability for intermediary service providers as stipulated in
Clause 3, Article 198b of this Law
 RELATED RIGHTS INFRINGEMENT (Article 35)

• Infringement of the rights of performers.

• Infringement of the rights of producers of audio and video recordings.
• Infringement of the rights of broadcasting organizations.
• Failure to perform or inadequate performance of obligations stipulated in
Articles 32 and 33.
• Intentionally removing or disabling effective technological measures
implemented by the related rights owner to protect their rights in order to
commit the acts specified in this Article and Article 28.
 RELATED RIGHTS INFRINGEMENT (Article 35)

• Manufacturing, distributing, importing, offering for sale, selling, promoting, advertising,

marketing, leasing, or storing for commercial purposes devices, products, or
components, or introducing or providing services, when knowing or having reason to know
that such devices, products, components, or services are designed or used to
disable effective technological measures protecting related rights.
• Intentionally deleting, removing, or altering rights management information without
the permission of the related rights owner when knowing or having reason to know that such
acts will incite, enable, facilitate, or conceal acts of related rights infringement as prescribed
by law.
• Intentionally distributing, importing for distribution, broadcasting, communicating, or
providing to the public a performance, a fixed copy of a performance, or an audio or
video recording, or a broadcast when knowing or having reason to know that rights
management information has been deleted, removed, or altered without the
permission of the related rights owner; when knowing or having reason to know that such
acts will incite, enable, facilitate, or conceal acts of related rights infringement as
prescribed by law.
 RELATED RIGHTS INFRINGEMENT (Article 35)

• Manufacturing, assembling, modifying, distributing, importing, exporting,

offering for sale, selling, or leasing devices or systems when knowing
or having reason to know that such devices or systems are illegally
decoding or primarily assisting in the illegal decoding of encoded
satellite signals carrying programs.
• Intentionally receiving or continuing to distribute encoded satellite signals
carrying programs that have been decoded without the permission of the
legal distributor.
• Failure to comply with or inadequate compliance with the provisions for
exemption from legal liability for intermediary service providers as
stipulated in Clause 3, Article 198b of this Law.
 SELF-PROTECTION MEASURES

Intellectual property right holders have the right to apply the

following measures to protect their intellectual property rights:
• Apply technological measures to protect rights, provide rights
management information, or use other technological measures to
prevent acts of intellectual property infringement;
• Request organizations or individuals infringing intellectual property rights
to cease the infringement, remove and delete infringing content on
telecommunications networks and the Internet, issue a public apology,
make corrections, and compensate for damages;
• Request competent state agencies to handle acts of intellectual property
infringement in accordance with this Law and other relevant laws;
• File a lawsuit in court or arbitration.
 SELF-PROTECTION MEASURES

• Organizations or individuals that suffer damage due to acts of intellectual

property infringement, or discover acts of intellectual property
infringement that cause damage to consumers or society, have the right
to request competent state agencies to handle the infringement in
accordance with this Law and other relevant laws..
• Organizations or individuals who are defendants in an intellectual
property infringement lawsuit, if the court concludes that they did not
commit the infringement, have the right to request the court to order the
plaintiff to pay reasonable attorney fees or other costs as prescribed by
law.
Thank you