Acts of infringing copyright and regulations on administrative sanctions

Enterprise Law 2014

2005 Intellectual Property Law revised and supplemented.

Decree No. 100/2006 / ND-CP detailing and guiding the implementation of a number of articles of the Civil Code, the Intellectual Property Law on copyright and related rights.

Decree No. 85/2011 / ND-CP amending and supplementing Decree No. 100/2006 / ND-CP

Decree 131/2013 / ND-CP

 Consultancy content

Acts of infringing copyright

   1. Acts of infringing copyright cover the following acts:

Appropriating copyrights for literary, artistic and scientific works.
Author impersonation.
Publish, distribute the work without permission of the author.
Publish, distribute works with co-authors without the permission of the co-authors.

Modifying, mutilating or distorting a work in any form that is detrimental to the author's honor or reputation.
Reproduction of a work without permission of the author or copyright owner, except for cases specified at Points a and e, Clause 1, Article 25 of this Law.
Making derivative works without permission of the author or owner of copyright over works used for making derivative works, except for the cases specified in Clause 1, Article 25 of this Law.
Using works without permission of the copyright owner, paying royalties, remuneration and other material benefits in accordance with the provisions of law, except for the cases stipulated in clause 1 of Article 25 of this Law. .
To rent the work without paying royalties, remuneration and other material benefits to the author or the owner of the copyright.
Duplicating, producing copies, distributing, displaying or transmitting works to the public via the media and digital media without permission of the copyright owner.
Publishing a work without the permission of the copyright owner.
Deliberately canceling or invalidating technical measures taken by the copyright holder to protect the copyright of his / her work.
Deliberately deleting, changing electronic rights management information contained in the work.
Producing, assembling, transforming, distributing, importing, exporting, selling or leasing equipment, knowing or having grounds to know that the equipment invalidates technical measures issued by the copyright owner Performs to protect the copyright of your work.
 
Make and sell works whose author's signature is forged.
Exporting, importing and distributing copies of works without permission of the copyright owner.

     For example, a person who retrieves a piece of music from another person without permission of the author is an act of copying the work without permission of the author or copyright owner. The author has the right to ask the person to remove his song or to ask for permission and pay reasonable remuneration to the author, initiate a lawsuit or seek legal intervention. Depending on the nature and extent of their performance, acts of copying work without permission of the authors may be administratively sanctioned or examined for penal liability.

     2. Regulations on administrative punishment for infringement of copyright

     Jurisdiction: Authority to handle administrative violations under Decree 131/2013 / ND-CP includes many different agencies and agencies such as Chairpersons of People's Committees at all levels, Culture, Sport and Tourism Inspector and Thanh. other specialized branches, the People's Police, the Border Guard, the Coast Guard, the Customs and the Market Control.

     Some acts of infringement of copyright will be subject to administrative punishment, such as:

     Article 8.- Acts of transporting or storing piracy goods

1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for transporting manufactured goods without permission of the copyright holders or related rights.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for storing goods produced without permission of copyright holders or related rights.

3. Forms of additional sanction:

Confiscating material evidences in the violations, for acts specified in Clauses 1 and 2 of this Article.

     Article 9.- Acts of infringing upon the rights to insist on the names and titles of works

1. A fine of between VND 2,000,000 and VND 3,000,000 for acts of using the work without giving their real names, pseudonyms, names of works or incorrect names or pseudonyms, names of authors Products on copies of works, phonograms, video recordings and broadcasts.

2. Remedies:

a / Forced public rectification on the mass media of misinformation, for acts specified in Clause 1 of this Article;

b) Forced renaming of authors 'names and works' names on copies of works, phonograms, video recordings or broadcasts with false information on authors 'names and works' names, for acts prescribed in Clause 1 of this Article.

     Article 10.- Acts of infringing upon the rights to protect the integrity of works

1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for acts of arbitrarily repairing or cutting the work, thus damaging the honor and prestige of the author.

2. A fine of between VND 5,000,000 and 10,000,000 for acts of distorting works, which harms the honor and prestige of the authors.

3. Remedies:

a / Forced public correction on the mass media by untruthful information, for acts specified in Clauses 1 and 2 of this Article;

b) Forced removal of infringing copies of works in electronic, Internet and digital environment or forcible destruction of material evidences, for acts specified in Clauses 1 and 2 of this Article.

      Decree No. 131/2013 / ND-CP stipulates in detail the penalties applicable to each infringement of copyright as mentioned above. In addition, the violator must also take necessary and appropriate remedial measures