The strong development of the 4.0 industrial revolution, with remarkable advances in information technology, artificial intelligence, and blockchain, has brought many opportunities and challenges in copyright protection. These advances require adjustments and updates to copyright regulations, including exceptions, to ensure a balance of interests between creative entities and the public in modern society. The following VCD article will help you learn in detail about copyright and related rights appraisal.
1. Concept and principles of copyright and related rights appraisal
The Law on Intellectual Property stipulates in Clause 4 the concept of Copyright and Related Rights as follows:
2. Copyright is the right of an organization or individual to a work created or owned by them.
3. Rights related to copyright (hereinafter referred to as related rights) are the rights of organizations and individuals to performances, sound recordings, video recordings, broadcast programs, and encrypted satellite signals.
According to Clause 1, Article 201 of the Law on Intellectual Property, an intellectual property appraisal is the use of knowledge and professional expertise by organizations and individuals specified in Clauses 2 and 3 of this Article to assess and conclude on issues related to intellectual property rights. Judicial appraisal of intellectual property is carried out by the provisions of the law on judicial appraisal.
Therefore, appraisal of copyright and related rights is understood as the process of examining, evaluating, and determining the legality of intellectual property rights to literary, artistic, and scientific works, as well as rights related to copyright such as the rights of performers, producers of sound recordings, video recordings, and broadcasting organizations. Experts or competent organizations usually carry out this process to resolve disputes or ensure compliance with the law.
- The principles of appraisal of copyright and related rights are stipulated in Clause 3, Article 92 of Decree 17/2023/ND-CP as follows:
Assessment of copyright and related rights
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3. The principles of appraisal of copyright and related rights are implemented according to the provisions of Clause 4, Article 201 of the Law on Intellectual Property.
Accordingly, referring to Clause 4, Article 201 of the Law on Intellectual Property, the principles of appraisal of copyright and related rights are implemented according to the following 5 principles:
The principles of appraisal include:
a) Complying with the law, following the order and procedures of appraisal;
b) Honesty, accuracy, objectivity, impartiality, timeliness;
c) Only making professional conclusions on issues within the required scope;
d) Be responsible before the law for the appraisal conclusion;
d) Appraisal costs are determined by agreement between the person requesting the appraisal and the appraisal organization or individual.
- In Clause 1, Article 95 of Decree 17/2023 as follows:
Copyright and related rights appraisal organization
A copyright and related rights appraisal organization is an organization that meets the conditions specified in Clauses 2 and 2a, Article 201 of the Law on Intellectual Property, provisions of relevant laws. It is granted a Certificate of copyright and related rights appraisal organization (from now on referred to as the Appraisal Organization Certificate).
- In conjunction with the provisions of Article 201 of the Law on Intellectual Property, a copyright and related rights appraisal organization is an organization that meets the following conditions:
- Has at least 1 individual with an Intellectual Property Appraisal Card to conduct appraisal activities on intellectual property;
- Foreign law firms practicing in Vietnam are not allowed to conduct intellectual property appraisal services;
- Granted a Certificate of Organization for Appraisal of Copyright and Related Rights (Certificate of Appraisal Organization).
2. Rights and obligations of an organization for appraisal of copyright and related rights
- According to the provisions of Clause 2, Article 95 of Decree 17/2023/ND-CP as follows:
Organization for appraisal of copyright and related rights
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2. Organizations for appraisal of copyright and related rights have the following rights:
a) Hire appraisers for copyright and related rights to conduct appraisals on a case-by-case basis;
b) Request organizations and individuals to provide information and documents related to the appraisal subject to perform the appraisal, unless otherwise provided by law;
c) Other rights as prescribed by law.
- Clause 3, Article 95 of Decree 17/2023/ND-CP stipulates the obligations of copyright and related rights appraisal organizations as follows:
Copyright and related rights appraisal organizations
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3. Copyright and related rights appraisal organizations have the following obligations:
a) Operate by the appraisal field stated in the Business Registration Certificate or the Certificate of Registration of Operation and the Certificate of Appraisal Organization;
b) Carry out appraisals by the principles prescribed in Clause 4, Article 201 of the Law on Intellectual Property;
c) Preserve and store documents and records related to the appraisal case;
d) Keep confidential information and documents at the request of the organization or individual requesting the appraisal and must compensate for damages in case of disclosure of confidential information causing damage to the relevant organization or individual;
d) Refuse to accept and carry out appraisals in cases where other laws require refusal of appraisals;
e) Implement the information regime and report on appraisal activities periodically every 6 months and annually in writing to the specialized agency in charge of state management of copyright and related rights of the Ministry of Culture, Sports and Tourism;
g) Other obligations as prescribed by law.
At the same time, when performing appraisal activities, it is necessary to comply with the principles prescribed in Clause 4, Article 201 of the 2005 Intellectual Property Law, amended by Point b, Clause 78, Article 1 of the 2022 amended Intellectual Property Law as follows:
Intellectual property appraisal
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4. Principles for performing appraisal include:
a) Complying with the law, following the appraisal order and procedures;
b) Being honest, accurate, objective, impartial, and timely;
c) Only giving professional conclusions on issues within the requested scope;
d) Being legally responsible for appraisal conclusions;
dd) Appraisal costs are determined by agreement between the person requesting appraisal and the appraisal organization or individual.
Therefore, the rights and obligations of the copyright and related rights appraisal organization are determined according to the above content.
3. Documents for appraisal of copyright and related rights
- Document requesting appraisal, including the following main contents
- Name and address of the individual or organization requesting appraisal;
- ID card number or establishment decision number or registration certificate number, date of issue, place of issue of the individual or organization requesting appraisal;
- Phone number, Fax, E-mail of the individual or organization requesting appraisal;
- Qualification of the appraisal request (author; copyright owner; related rights owner; person with related rights and interests; other qualifications);
- Basis for appraisal request;
- Content of appraisal request;
- Other related content.
- Attached documents:
- Samples to be appraised
- Documents proving the author, copyright owner, related rights owner, work, and related rights subjects;
In conclusion, VCD sees that the appraisal of copyright and related rights is an important process to protect the legitimate rights of authors and related entities. Performing the appraisal correctly and accurately not only helps to resolve disputes effectively but also ensures compliance with legal regulations on intellectual property rights. The combination of the expertise of experts and the application of advanced technology will play an important role in improving the efficiency and reliability of the appraisal process.
