When copyright and related rights are infringed, initiating a civil lawsuit is one of the important legal measures to protect the legitimate rights and interests of the rights holder. However, not every infringement case can be immediately prosecuted; it must meet all the conditions stipulated by civil procedural law and intellectual property law. This article will clarify the conditions for initiating a civil lawsuit regarding copyright and related rights.
Right to initiate civil lawsuits concerning copyright and related rights
Based on Article 56 of Decree 22/2018/ND-CP and inherited and updated in Decree 17/2023/ND-CP detailing the implementation of some articles of the Law on Intellectual Property concerning copyright and related rights (Decree 17/2023), the protection of copyright and related rights is carried out as follows:
The copyright owner and the owner of related rights may directly exercise their rights or authorize a collective copyright and related rights representative organization or another organization or individual to act on their behalf in protecting their rights. The authorized entity is responsible for publicly disclosing information so that organizations and individuals wishing to exploit or use the works, performances, sound recordings, video recordings, and broadcast programs can contact them to negotiate the use.
This content is also recorded in Section II.1 of Joint Circular 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP when regulating the right to initiate civil lawsuits related to copyright and related rights.
Accordingly, the entities entitled to initiate lawsuits include:
- Authors; copyright owners, owners of related rights; legal heirs of the author or of the copyright owner, or owner of related rights; individuals and organizations to whom rights have been transferred from the copyright owner, or owner of related rights; individuals and organizations using the work under contract; performers; producers of sound and video recordings; broadcasting organizations.
- Collective copyright and related rights organizations; other organizations and individuals authorized by the copyright owner or owner of related rights to initiate lawsuits.
- State agencies and relevant organizations, within the scope of their duties and powers, have the right to initiate civil lawsuits to protect public interests or the interests of the State in the field of copyright and related rights.
Conditions for initiating a civil lawsuit regarding copyright and related rights
The conditions for initiating a civil lawsuit regarding copyright and related rights are stipulated in Clause 1, Section IIIA of Joint Circular 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP, specifically as follows:
Condition 1: Copyright and related rights have arisen according to the provisions of law.
Copyright and related rights are established according to the provisions of Clauses 1 and 2, Article 6 of the 2022 Intellectual Property Law.
“1. Copyright arises from the moment the work is created and expressed in a certain physical form, regardless of content, quality, form, medium, language, whether published or unpublished, registered or unregistered.
2. Related rights arise from the moment a performance, sound recording, video recording, or broadcast program is presented.” “Waves and satellite signals carrying encoded programs are formed or performed without infringing on copyright.”
Accordingly, authors, copyright owners, and owners of related rights have the right to apply for a Certificate of Copyright Registration or a Certificate of Related Rights Registration under Article 49 of the 2022 Intellectual Property Law.
However, this registration is not a mandatory condition for legal recognition and protection of copyright and related rights.
In the event of a dispute and a party requests the Court to protect their legitimate rights and interests, the Court is still responsible for considering and resolving the case regardless of whether the plaintiff has been granted a registration certificate or has filed an application.
Condition 2: Copyright and related rights are still within the protection period.
Authors, copyright owners, and owners of related rights may only exercise their moral and property rights within the scope and duration of protection prescribed by law.
The protection period for copyright and related rights is determined according to:
- Articles 27 and 34 of the 2022 Intellectual Property Law;
- Article 26 of Decree 85/2011/ND-CP
When the protection period has expired (except for the moral rights stipulated in Clauses 1, 2, and 4 of Article 19 of the Intellectual Property Law), the rights of authors, copyright owners, and owners of related rights are no longer protected by law. Therefore, the Court will only accept and resolve cases when these rights are still within the protection period, except for rights for which the law does not specify a protection period.
The above is an article titled “Conditions for Initiating a Civil Lawsuit Regarding Copyright and Related Rights.” Hopefully, this information will help authors, copyright owners, and related organizations and individuals understand the legal basis and necessary conditions before initiating a lawsuit, thereby effectively protecting their legitimate rights and interests in accordance with the law.
Sincerely,
FAQ
It is not mandatory. Copyright arises from the moment the work is created and expressed in a certain physical form. However, the Copyright Registration Certificate is important evidence that facilitates the proof of ownership when filing a lawsuit.
If the conditions are not fully met, the Court may request amendments or additions to the application or return the lawsuit. Therefore, carefully reviewing the legal requirements before submitting an application is essential to avoid wasting time and effort.