Chương 6 Nghị định 100/2006/NĐ-CP: Bảo vệ quyền tác giả, quyền liên quan

Chapter VI

PROTECTION OF COPYRIGHT AND RELATED RIGHTS

Article 43.- Right to self-protection

1. The application of technological measures to prevent acts of infringing upon copyright and related rights specified at Point a, Clause 1, Article 198 of the Intellectual Property Law means the communication by right holders of right management information attached to original works, phonograms, video recordings or broadcasts or copies thereof; the disclosure of right management information to make them available together with the public communication of works in order to identify works, their authors and right holders, and to supply information on term of protection, conditions for use of works as well as all data, codes or signs used to express such information for the purpose of protection of copyright and related rights. At the same time, right holders may apply technological measures to protect right management information and prevent acts of making access to works or illegally exercising their ownership right according to the provisions of law.

2. Right holders may apply other measures specified in Clause 1, Article 198 of the Intellectual Property Law to protect their legitimate rights and interests.

Article 44.- Right to initiate civil lawsuits on copyright or related rights

1. The following right holders may initiate lawsuits at competent courts to protect their legitimate rights and interests related to copyright or related rights:

a/ Authors;

b/ Copyright or related rights holders;

c/ Lawful heirs of authors or copyright or related rights holders;

d/ Individuals or organizations assigned with rights of copyright or related rights holders;

e/ Individuals or organizations using works under contracts;

f/ Performers;

g/ Producers of phonograms or video recordings;

h/ Broadcasting organizations;

i/ Organizations acting as collective representatives of copyright or related rights, vested with power of attorney;

j/ Other right holders specified by law.

2. Involved state agencies and organizations shall, within the ambit of their tasks and powers, have the right to initiate civil lawsuits to request the court to protect the public interest and the State’s interest in the domain of copyright and related rights.

Article 45.- Complaints and denunciations about the registration of copyright or related rights    

1. The following persons may lodge complaints or denunciations:

a/ Authors, copyright holders, related rights holders, their authorized organizations or individuals may complain about the grant, re-grant, renewal or revocation of copyright registration certificates or related rights registration certificates;

b/ Any third party may denounce the grant of copyright registration certificates or related rights registration certificates.

2. Procedures for lodging complaints or denunciations are specified as follows:

a/ Persons complaining about the registration of copyright or related rights must lodge complaints with the Copyright Office of Vietnam, clearly stating the date of making complaints; their names and addresses; names and addresses of complained agencies, organizations or individuals; contents of and reasons for complaints, and their requests. Complaints must bear signatures of complainants. Enclosed with complaints must be such documents as copyright registration certificates, related rights registration certificates, decisions on revocation of such certificates or written refusals to grant, re-grant or renew such certificates, and other relevant documents and proofs;

b/ Denouncers must file their denunciations with competent state agencies, clearly stating the date of making denunciations; their names and addresses; names and addresses of denounced agencies, organizations or individuals; contents of and reasons for denunciations and their requests. Denunciations must bear signatures of denouncers. Enclosed with denunciations must be relevant documents and proofs.

3. Within a time limit set by the Law on Complaints and Denunciations, the Copyright Office of Vietnam, the Culture and Information Ministry or competent state agencies shall have to reply in writing complainants or denouncers.

4. If complainants or denouncers disagree with replies of the Copyright Office of Vietnam, the Culture and Information Ministry or competent state agencies, they may further lodge their complaints or denunciations with competent authorities according to the provisions of law.