[IP 6] Acts of Copyright Infringement under the Law on Intellectual Property

(Pursuant to Article 28 of the Vietnamese Law on Intellectual Property)

In the context of digital transformation and the rapid development of the internet environment, the copying, exploitation, and dissemination of literary, artistic, and scientific works have become increasingly fast and convenient. While this facilitates access to knowledge, it also poses significant risks of copyright infringement when works are used in violation of legal regulations.

In order to protect the lawful rights and interests of authors and copyright holders, and to enhance social awareness of respect for intellectual creative products, Article 28 of the Law on Intellectual Property specifically stipulates acts that constitute copyright infringement.

1. Concept of copyright infringement

Acts of copyright infringement are acts committed by organizations or individuals that are contrary to legal provisions and infringe upon the moral rights and/or economic rights of authors or copyright holders in respect of protected works.

Correctly identifying acts of infringement serves as an important basis for:

• Requesting the cessation of infringing acts;
• Claiming damages;
• Applying administrative, civil, or criminal measures in accordance with the law.

2. Acts of copyright infringement under Article 28 of the Law on Intellectual Property

Pursuant to Article 28 of the Law on Intellectual Property, acts of copyright infringement mainly include the following groups of conduct:

• Infringement of moral rights: Usurping authorship; impersonating the author; publishing a work without permission; modifying, truncating, or distorting a work in a manner that harms the honor and reputation of the author.
• Infringement of economic rights: Copying, distributing, broadcasting, communicating, renting, or creating derivative works without the permission of the copyright holder.
• Violation of royalty payment obligations: Failing to fulfill or inadequately fulfilling obligations to pay royalties or remuneration as prescribed by law.
• Circumvention of technological protection measures: Intentionally removing or disabling effective technological measures applied by the copyright holder to protect the work.
• Production and distribution of infringing devices: Manufacturing, distributing, importing, offering for sale, selling, advertising, marketing, renting, or possessing for commercial purposes devices, products, components, or providing services when knowing or having reasonable grounds to know that such devices, products, components, or services are produced or used to circumvent technological protection measures for copyright protection.
• Infringement of rights management information: Intentionally deleting, removing, or altering rights management information without the permission of the author or copyright holder, when knowing or having reasonable grounds to know that such acts will induce, facilitate, enable, or conceal copyright infringement.
• Distribution of works with altered information: Distributing, importing, or broadcasting works while knowing that rights management information has been unlawfully altered.
• Violation of intermediary service providers’ responsibilities: Failing to perform or inadequately performing the legal responsibilities of network service providers, thereby facilitating acts of infringement.

3. Significance of regulating acts of copyright infringement

The clear stipulation of acts of copyright infringement in Article 28 of the Law on Intellectual Property plays an important role in:

• Raising legal awareness in society regarding respect for copyright;
• Providing a clear legal basis for identifying and handling infringing acts;
• Contributing to the establishment of a healthy, fair, and sustainable creative environment;
• Protecting the lawful rights and interests of authors and copyright holders in the knowledge-based economy;
• Supporting the prevention and limitation of copyright infringement, particularly in the digital environment.

Currently, the Center for Innovation and Technology Transfer (CITT) – TDTU is receiving patent registration applications from individuals, lecturers, researchers, and enterprises.

For further information, please contact:

Center for Innovation and Technology Transfer – TDTU
Address: Room F.0104, No. 19 Nguyen Huu Tho Street, Tan Hung Ward, Ho Chi Minh City
Tel: (028) 3776 0653 – 037 246 1275 (Ms. Que Tran)
Email: citt@tdtu.edu.vn
Facebook: https://www.facebook.com/citt.tdtu/