When detecting acts of infringement of copyright and related rights, subjects have the right to initiate civil lawsuits at competent People’s Courts to protect their legitimate rights and interests. So, what conditions should be met when you want to initiate a civil lawsuit on copyright and related rights? Let’s find out with TNTP through the article below.
I. Right to initiate civil lawsuits on copyright and related rights
Pursuant to Article 56 of Decree 22/2018/ND-CP Decree 17/2023/ND-CP detailing a number of articles and measures to implement the Law on Intellectual Property on copyright and related rights (hereinafter referred to as “Decree 17/2023”) stipulating the protection of copyright and related rights as follows: Copyright owners, owners of related rights directly or may authorize collective representative organizations of copyrights, related rights or other organizations or individuals to exercise and protect their copyrights and related rights. The authorized party shall have to provide public information for organizations and individuals to exploit and use works, performances, sound recordings, video recordings and broadcasts to contact and agree on the exploitation and use.
This is also affirmed in Section II.1 of Joint Circular 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP stipulating the right to initiate civil lawsuits on copyright and related rights. Accordingly, the following entities have the right to sue:
First: Author; owners of copyrights, related rights; legal heirs of the author or of the owner of copyright or related rights; individuals and organizations to which the rights of copyright owners or related rights are transferred; individuals and organizations using works under contracts; performers; producer of sound recordings, video recording; organization of broadcasting;
Second: The collective representative organization of copyright, related rights or other organizations or individuals authorized by the copyright owner or related rights owner.
Third: State agencies and related organizations shall, within the ambit of their tasks and powers, have the right to initiate civil lawsuits to protect public interests and interests of the State in the field of copyright and related rights.
II. Conditions for initiating civil cases on copyright and related rights
Conditions for initiating civil lawsuits on copyright and related rights are specified in Section III.1 of Joint Circular 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP. Accordingly, in order to initiate a civil lawsuit on copyright, related rights need to meet the following two conditions:
2.1 First, copyright and related rights have arisen
• Clauses 1 and 2, Article 6 of the Law on Intellectual Property 2005 amended and supplemented in 2009 and 2019 (“IP Law”) stipulate the grounds for arising and establishing copyright and related rights as follows:
– Copyright arises from the time the work is created and is expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered.
– The relevant right arises since the performance, sound recording, video recording, broadcast, satellite signal carrying the encrypted program is shaped or performed without prejudice to the copyright.
• Authors, copyright owners and related rights owners have the right to apply for the issuance of copyright registration certificates and related rights registration certificates in accordance with Article 49 of the IP Law. However, this is not a mandatory procedure to enjoy copyright or related rights.
• When there is a dispute over copyright or related rights that the litigants initiate a lawsuit asking the Court to protect their legitimate rights and interests, the Court must consider without distinction whether they have a copyright registration certificate or a relevant rights registration certificate, whether or not they have filed an application for registration of copyright or related rights.
2.2 Secondly, the duration of copyright protection and related rights remains in accordance with the law on intellectual property
The duration of copyright protection and related rights is specified in Articles 27 and 34 of the IP Law. Accordingly, depending on the type of work, the duration of copyright protection and related rights will vary.
Because, authors, copyright owners and related rights owners are only allowed to exercise their moral rights and property rights within the scope and time limit prescribed by the law on intellectual property. If the protection period expires, the rights of authors, copyright owners and related rights owners are no longer protected by the State and law. Therefore, the Court will only hear a petition for settlement if such rights are still within the protection period, unless the law does not provide for a period of copyright protection.
Thus, in order to be able to initiate a civil lawsuit on copyright and related rights, it is necessary to satisfy the conditions on the subject of the lawsuit and the copyright and related rights are still within the protection period or in other words, there is still a statute of limitations for initiating lawsuits. Without either of the above conditions, organizations and individuals cannot exercise the right to initiate lawsuits to request the Court to protect their legitimate rights and interests.
Above is the content of the article “Conditions for initiating civil lawsuits when disputes arise about copyright and related rights” of TNTP. Hope the information shared above is useful for readers.
Best regards.
