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Dispute settlement over copyright

Legislation on the protection of intellectual property rights gives to entities the intellectual property right to protect themselves against infringement on the intellectual property rights, in which the owners of intellectual property rights can select various measures to protect their intellectual property, such as:

  • Apply technological measures to prevent infringements on intellectual property rights;
  • Request organizations and individuals to terminate infringement of intellectual property rights, apologize, correct, and compensate for damages and loss;
  • Request competent state agencies to settle infringement of intellectual property rights in accordance with the provisions of this Law and other relevant legal provisions;
  • Initiate lawsuit to arbitration or court to protect the rights and legal benefits of your own.

The common cases of copyright disputes:

  • Disputes between individuals and individual over the copyright of literary, artistic, scientific, and derivative works;
  • Disputes between co-authors on the right distribution of co-author;
  • Disputes between individuals and organizations over the ownership of work copyright;
  • Disputes between the copyright owner and the authors on royalties, remuneration for authors creating the work on the assigned tasks or contracts;
  • Disputes over the implementation of personal rights or property rights of author and copyright owners;
  • Disputes over copyright on computer programs and data collection between providers of decisive financial and physical conditions for the construction and development of computer programs, data collection data and the designer forming computer programs and data collection;
  • Disputes over copyright on cinematographic works, dramatic works between the finance-technique-facility investor to produce cinema works, dramatic works and the participants to produce cinema works, dramatic works or disputes among them over royalties, remuneration and other material benefits;
  • Disputes between the copyright owners and the user of published works, who announced there are no permission and royalties, remunerations due to its use affects the normal exploitation of the work, rights of the author or work owner;
  • Disputes between copyright owners and the user of published works, who announced there are no permission but must pay royalties, remunerations due to the use of non-payment of royalties, and remunerations of the users affects the normal exploitation of the work, rights of the author and copyright owners;
  • Disputes over transfer contracts transferring the use rights of copyright or disputes over copyright service contracts; use of copyright, transfer Contract,
  • Disputes arising in copyright infringement;
  • Disputes over inheritance, inheritance of property rights defined in Article 2.A.2.3 and personal rights as stipulated in Article 2.A.2.2 paragraph (3) of this Section
  • Other disputes over copyright under legal law. 

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author

About Me: Lê Minh Tuấn

Luật sư, Giám đốc / Lawyer, Director

Tư vấn thương mại quốc tế / International Trade Consultant

Điện thoại: (024) 730 86 999 / Mobi: 090 45 45 299

Email: infor@hado-law.com / Email: infor.ssv@gmail.com