In the context of the strong development of the knowledge economy, copyright is becoming an increasingly important issue, affecting the rights of individuals and creative organizations. When copyright is infringed, it is extremely necessary to identify the competent authority to handle it. The following article by VCD will help you.
- What is copyright infringement?
According to the provisions of the current Intellectual Property Law, copyright belongs to the individual or organization that creates or owns the work. This right arises as soon as the work is created and is expressed in a material form, regardless of the content or form.
Copyright infringement is when an individual or organization that is not the author or is authorized by the author to transfer the copyright (collectively referred to as the non-rights entity) exercises the copyright rights stated in the first part. And this negatively affects the legitimate rights and interests of the author or the right holder.
Copyright infringement can be understood as the act of appropriating, copying, impersonating the author, publishing, distributing the work, editing, cutting or distorting the work in any form without the permission of the author or copyright owner. Violations are specifically regulated in Article 28 of the current Law on Intellectual Property.
2. When copyright is infringed, which agency must be requested to handle it?
Clause 1, Article 80 of Decree 17/2023 stipulates as follows:
A request to handle an infringement of copyright or related rights is submitted to the competent authority to handle the infringement specified in Article 200 of the Law on Intellectual Property (hereinafter referred to as the agency handling the infringement).
Article 200 of the Law on Intellectual Property stipulates the authority to handle acts of infringement of intellectual property rights as follows:
1. Within the scope of their duties and powers, the Courts, Inspectorates, Market Management, Customs, Police, and People’s Committees at all levels have the authority to handle acts of infringement of intellectual property rights.
2. The application of civil and criminal measures is under the jurisdiction of the Court. If necessary, the Court may apply temporary emergency measures in accordance with the provisions of law.
3. The application of administrative measures is under the jurisdiction of the Inspectorates, Police, Market Management, Customs, and People’s Committees at all levels. If necessary, these agencies may apply preventive measures and ensure administrative sanctions in accordance with the provisions of law.
4. The application of measures to control exported and imported goods related to intellectual property is under the jurisdiction of the customs agency.
Therefore, a request for handling copyright infringement can be submitted to one of the following agencies: Court, Inspectorate, Market Management, Customs, Police, or People’s Committees at all levels, depending on the level of infringement.
Upon receiving the request, if it is deemed to be under the jurisdiction of another agency, the agency receiving the request will instruct the applicant to submit it to the competent agency or transfer the request to that agency within 10 days from the date of receipt of the request.
The content of the request for handling includes the following basic contents:
- Date, month, year of making the request.
- Name and address of the organization or individual requesting handling of the infringement; full name of the representative (if the request is made through a representative).
- Name of the agency receiving the request.
- Name and address of the organization or individual committing the infringement; Name and address of the organization or individual suspected of committing the infringement in case of request for temporary suspension of customs procedures for export and import goods suspected of infringement.
- Name and address of the organization or individual with related rights and interests (if any).
- Name and address of the witness (if any).
- Summary information about the infringed copyright: type of right, basis for the arising of the right, summary of the subject of the right.
- Summary information about the infringement: date, month, year and place of the infringement, brief description of the subject of the infringed copyright, the infringement; website address, link for the infringement on the telecommunications network and the Internet, and other information (if any).
- Content of the request for application of measures to handle the infringement.
- List of documents and evidence attached to the application.
- Signature of the applicant and seal (if any).
In addition, along with the request, you need to provide documents and evidence as prescribed in Article 76 of Decree 17/2023/ND-CP to prove your request.
Above is the article “When copyright is infringed, which agency should be requested to handle?” sent to you by VCD. We hope this article is useful to you.
Sincerely,
