What is the process for filing a copyright infringement lawsuit?

Copyright infringement not only causes financial losses but also seriously affects the reputation and brand of individuals and businesses. However, when discovering infringement, many people are confused about where to start. So, what is the process for filing a copyright infringement lawsuit to ensure it is legal and effective?

What is copyright infringement?

Copyright infringement is the act of using, exploiting, or influencing another person’s work without the permission of the copyright owner, or without complying with the conditions of use as stipulated by law. This is a direct infringement of the author’s legitimate rights and interests, and can result in administrative penalties, civil compensation, or even criminal prosecution.

According to Vietnamese Intellectual Property Law, copyright includes moral rights and property rights. Therefore, any act that infringes on these two groups of rights can be considered copyright infringement.

In reality, copyright infringement can take many forms, such as:

• Unauthorized copying of works: copying files, duplicating, or reproducing works without permission

• Commercial use: selling, advertising, or distributing without permission

• Unauthorized editing or manipulation: altering the content or form of a work, affecting the author

• Failure to credit or impersonation of the author: using a work without acknowledging ownership

Documents to prepare for copyright infringement lawsuits

Preparing complete and accurate documentation is a key factor in determining the success of a copyright infringement lawsuit. A complete set of documents not only shortens processing time but also increases persuasiveness in court.

Below are the important documents to prepare:

• Petition: Clearly state the information of the plaintiff and defendant, describe the infringing act, and specify the request such as cessation of the infringing act, compensation for damages, or a public apology.

• Certificate of ownership: This could be a copyright registration certificate or other documents proving legal ownership issued by the Vietnam Intellectual Property Office or a competent authority.

• Evidence of infringement: Including images, videos, invoices, online data, or market reports clearly showing the infringing party’s unauthorized use of the work.

• Documents proving damages: Financial reports, data on lost revenue, or damage assessment results from a professional firm.

• Legal documents of the parties: National ID card/Citizen Identification Card for individuals, business license for enterprises (if any).

• Mediation record (if any): In cases where mediation has been previously attempted but was unsuccessful, as stipulated in Decree 65/2023/ND-CP.

Note: The documents should be fully notarized and certified. Evidence gathering usually takes 1-2 months, and if the documents are invalid, the Court may return them within 5 days as stipulated in the 2015 Civil Procedure Code.

What is the process for filing a copyright infringement lawsuit?

The procedure for filing a copyright infringement lawsuit follows a clear process, ensuring transparency and legality. Depending on the value of the dispute, the case will be resolved at the district or provincial level People’s Court.

Step 1: Preparing the file and gathering evidence

The plaintiff needs to gather all documents proving ownership and the infringing act, and draft a lawsuit petition according to the provisions of the 2015 Civil Procedure Code.

Timeframe: approximately 2 – 4 weeks.

Step 2: Submitting the file to the competent court

The file is submitted to the court where the defendant resides or has its headquarters. After receiving it, the court will review its validity and notify the plaintiff of the case’s acceptance.

Initial processing time: 5 – 8 working days.

Step 3: Mediation and First Instance Trial

The court will conduct mediation for approximately two months. If mediation fails, the case will proceed to first instance trial, where the parties present evidence and argue their case.

Trial duration: approximately four months.

Step 4: Enforcement and Appeal

After the first instance judgment:

• If there is no appeal, the judgment will be enforced within 30 days.

• If there is an appeal, the appellate trial will take approximately two months.

The total time to resolve a lawsuit usually ranges from 6 to 12 months, depending on the complexity.

Cost of filing a trademark infringement lawsuit

The cost of filing a lawsuit is a crucial factor that needs careful consideration. According to the 2015 Civil Procedure Code, first-instance civil court fees are calculated based on the value of the dispute:

• From VND 200,000 to VND 100 million for ordinary disputes

• If the value of the dispute exceeds VND 100 million, the court fee is approximately 5% of the dispute value (maximum VND 100 million)

In addition, there are other costs such as:

• Enforcement fee: approximately 2–5% of the enforcement value

• Damage assessment fee: from VND 10–50 million

• Lawyer’s fee: depending on the agreement (hourly or package deal)

• Administrative mediation fee: approximately VND 1–2 million according to Decree 65/2023/ND-CP

The total actual cost can range from VND 50–200 million depending on the scale of the case. In many cases, the winning party has the right to request the infringing party to reimburse part or all of these costs.

https://vietnamcopyright.com/what-is-the-process-for-filing-a-copyright-infringement-lawsuit/

The above is an article titled “What is the process for filing a copyright infringement lawsuit?“. Understanding and correctly following the prescribed procedure will help you proactively protect your rights when disputes arise. If you are facing copyright infringement, prepare your documents thoroughly and choose the appropriate course of action to ensure the highest legal effectiveness.

Sincerely,

FAQ