Resolving copyright disputes involving foreign elements in Vietnam is a crucial aspect of intellectual property law. These disputes not only reflect the relationship between authors, owners of works and users, but also involve complex legal regulations between countries. Resolving copyright disputes involving foreign elements in Vietnam not only ensures the legitimate rights of the parties involved but also contributes to building trust in the creative environment. So, what is resolving copyright disputes involving foreign elements?. Follow the article of VCD below.
1. What is resolving copyright disputes involving foreign elements?
Copyright under Vietnamese intellectual property law is the right of organizations or individuals to the works they create or own. This right arises as soon as the work is created and expressed in a certain material form. This does not depend on the content, quality, form, means, language of the work, as well as whether the work has been published or not, or registered or not.
Copyright disputes are disputes over interests between subjects related to copyright. Specifically, according to Clause 1, Section I, Part A of Joint Circular No. 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP, including: Between individuals regarding copyright for literary, artistic, scientific works and derivative works; between co-authors on co-authorship rights, between individuals and organizations on ownership of works, between copyright owners and authors on royalties, remuneration, etc.
Resolving copyright disputes with foreign elements is understood as the court resolving disputes on the rights and legitimate interests of subjects related to copyright, in which at least one of the parties is a foreigner, a Vietnamese residing abroad, a foreign agency or organization, or copyright relationships arising between Vietnamese citizens, agencies or organizations but the basis for establishing, changing or terminating such relationships is according to foreign law, arising abroad or related to relationships abroad.
2. Jurisdiction to resolve copyright disputes involving foreign elements
Disputes arising from copyright involving foreign elements are essentially civil disputes with the following basic characteristics: complexity, multinationality, confidentiality, etc. Vietnamese law has early determined the position and role of the people’s court in protecting copyright, thereby setting out the task of developing litigation procedures to protect the legitimate rights and interests of authors and copyright owners.
According to the 2015 Civil Procedure Code, civil disputes related to intellectual property include disputes over intellectual property rights as prescribed in Article 26 and disputes over intellectual property rights for profit purposes as prescribed in Article 30. These disputes are all under the jurisdiction of the Court.
Specifically, disputes with foreign elements as prescribed in Article 35 are under the jurisdiction of the provincial People’s Court. Therefore, copyright disputes involving foreign elements will also be resolved by the Provincial People’s Court.
3. Determining the applicable law to resolve copyright disputes involving foreign elements.
First, if Vietnam and the country where the copyright dispute takes place are both members of an international treaty related to intellectual property rights, or if one party to the dispute has the nationality of that country, the international treaty will be applied to copyright disputes involving foreign elements.
In cases where the international treaty allows the parties to choose the applicable law, the law will be determined based on the choice of the parties involved.
If there is no international treaty, the determination of the applicable law for copyright disputes involving foreign elements is based on Article 679 of the 2015 Civil Code: “Intellectual property rights are determined according to the law of the country where the subject of intellectual property rights is requested to be protected”. This means that the law applicable to the dispute will be the law of the country where the copyright is infringed, and the owner must request protection in that country. In particular, copyright in this country must be registered and granted a certificate of protection so that the owner can request protection of his rights; that is, only when there is legal protection, the law of that country will be applied to resolve the dispute.
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