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THE LAM LAW LLC

THE LAM LAW LLC

Vũng Tàu, Vietnam

Free Consultation: 15 mins


Founded in 2019
15 people in their team
About THE LAM LAW LLCOur JourneyFounded by a dedicated team of legal professionals, THE LAM LAW LLC brings together a blend of seasoned lawyers,...
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About Copyright Law in Vũng Tàu, Vietnam

Copyright law in Vũng Tàu, and Vietnam in general, is governed by the national law - the Intellectual Property Law, which ensures protection for created works. This law encapsulates global copyright principles, largely in accordance to the international copyright treaties and conventions to which Vietnam is a signatory, such as the Berne Convention for the Protection of Literary and Artistic Works. However, it's important to understand that the implementation and interpretation of such laws can vary at the local level.

Why You May Need a Lawyer

Even though copyright law may seem straightforward, it can be quite complex and tricky, especially when it comes to legal disputes and contracts. Lawyers can help guide you through the process, defend and protect your rights if you feel your work has been infringed upon. Also, if you are accused of infringing upon someone else's copyright, a lawyer can ensure that you respond appropriately and defend your rights legally. Furthermore, if you're in creative or media industries, having a lawyer on retainer can greatly help in ensuring all your contracts and transactions comply with copyright laws.

Local Laws Overview

Under the Vietnamese Intellectual Property Law, copyright protection is automatically granted to the authors of original literary, artistic, and scientific works. These include books, music, films, photographs, artworks, architecture, applied art, software, and databases. Copyright protection extends for the author's lifetime and for 50 years after their death. In cases of infringement, copyright owners can request the infringer to cease, rectify, publicly apologize, compensate, or destroy infringing goods, and in some severe cases, violators can face criminal charges.

Frequently Asked Questions

1. Is registration required for copyright in Vietnam?

No, copyright protection is automatically granted to an author upon creation of their work. However, voluntary registration allows for a certificate of registered copyright which serves as prima facie evidence in a court of law.

2. How long does copyright protection last in Vietnam?

Typically, the copyright protection lasts for the author's lifetime and 50 years after their death. Different durations may apply for specific works like anonymous works, cinematographic works, photography, etc.

3. Is international copyright protection available in Vũng Tàu, Vietnam?

Yes. Given Vietnam is a part of international copyright agreements, copyright protection is accorded to authors who are nationals of or reside in a member country, or whose works are first published in a member country.

4. What is considered copyright infringement in Vietnam?

Copyright infringement happens when a person uses, partially or wholly, an original work protected by copyright law, without the permission of the copyright owner.

5. How can one respond to copyright infringement in Vietnam?

If you believe your work is being infringed upon, you can contact the infringer directly or pursue legal action with the help of an attorney. In severe cases, copyright infringement can lead to criminal charges.

6. Can I enforce my copyright if I'm a foreigner in Vietnam?

Yes, as a foreigner in Vietnam, you can enforce your copyright, provided that your country has a mutual copyright agreement with Vietnam.

7. What is meant by “fair use” in the context of copyright?

"Fair use" refers to certain uses of copyrighted works that are not considered infringements, such as commentary, news reporting, teaching, and research.

8. Is software protected under copyright law in Vietnam?

Yes, software and computer programs are protected under copyright law, as long as they are original and creative.

9. Can I copyright a domain name in Vietnam?

No, domain names are not protected by copyright law. They can, however, be registered and controlled under domain name laws and regulations.

10. What damages can be claimed in case of copyright infringement?

In case of copyright infringement, copyright holders may claim material damages and moral damages conforming to the law.

Additional Resources

The National Office of Intellectual Property (NOIP) of Vietnam is an authoritative body providing comprehensive information about copyrights. Furthermore, legal firms or agencies specializing in intellectual property can provide the professional advice needed.

Next Steps

If you require legal assistance regarding copyright laws in Vũng Tàu, Vietnam, the best course of action would be to approach a lawyer specializing in intellectual property rights. They can help you understand your rights, draft legal agreements, and represent you in court if necessary. In case of infringement, collecting all documents or evidence related to the infringement is crucial.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.