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Infringement of Copyright-related rights

13/06/2023 - 111

Thblaw.com.vn

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Copyright-related rights (hereinafter referred to as related rights) mean the rights of an organization or individual to performances, audio and visual fixation, and broadcasts and satellite signals carrying coded programs Infringement of Copyright-related rights is the act of infringing upon moral rights and property rights of Copyright-related rights holders. Pursuant to Article 35 of the […]

Copyright-related rights (hereinafter referred to as related rights) mean the rights of an organization or individual to performances, audio and visual fixation, and broadcasts and satellite signals carrying coded programs

Infringement of Copyright-related rights is the act of infringing upon moral rights and property rights of Copyright-related rights holders. Pursuant to Article 35 of the IP Law, the acts of infringing upon copyright-related rights include:

  • Appropriating the rights of a performer, producer of audio and visual fixation, or of a broadcasting organization.
  • Impersonating a performer, producer of audio and visual fixation, or a broadcasting organization.
  • Publishing, producing, and distributing a formulated performance, audio and visual fixation, or a broadcast without permission from the performer, producer of the audio and visual fixation, or from the broadcasting organization.
  • Modifying, editing, or distorting a performance in any way which prejudices the honour and reputation of the performer.
  • Copying or reciting from a formulated performance, audio and visual fixation, or a broadcast without permission from the performer, producer of the audio and visual fixation, or from the broadcasting organization.
  • Deliberately deleting or modifying electronic information regarding the management of rights without permission from the related right holder.
  • Deliberately destroying or de-activating the technical solutions applied by the related right holder to protect his or her rights.
  • Publishing, distributing, or importing for public distribution performances, copies of a fixed performance, or audio and visual fixation knowing, or having grounds to know, that electronic information regarding the management of rights has been deleted or modified without permission from the related right holder.
  • Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing out equipment knowing, or having grounds to know, that such equipment helps to illegally decode satellite signals carrying coded programmes.
  • Deliberately receiving or relaying satellite signals carrying coded programmes without permission from the legal distributor.

According to Article 5 of Decree 105/2006/NĐ-CP, the basis for determining that the above acts are infringements of intellectual property rights includes:

  • The infringing object must be within the scope of the object being protected in terms of intellectual property rights.
  • Acts occurring in Vietnam (or acts occurring on the internet but aimed at consumers in Vietnam)

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