1 . What disputes often arise in the field of copyright?
Disputes in the field of copyright disputes and conflicts of rights and interests of subjects in legal relations related to objects protected by copyright and related rights. Some typical disputes are as follows:
• Disputes between individuals and organizations to identify authors, co-authors, and owners of works;
• Disputes over copyright inheritance;
• Disputes arising from contracts for the use of works; disputes over contracts for the transfer or transfer of copyright rights;
• Disputes between authors, owners of original works, and authors, owners of derivative works (translations, adaptations, adaptations, compilations,…)
• Disputes between authors, co-authors, and related persons who are not authors, including collectors of materials for the author, financial providers, and other material means; and
• Disputes over related rights for organizations/individuals using works performing performances, recordings, video recordings, broadcasts, etc.
2. What do customers need to prepare before working with TNTP?
For disputes in the field of copyright, customers need to prepare information and documents to prove their rights to infringed works:
• Certificate of copyright and related rights issued by the Copyright Office under the Ministry of Culture and Information. Copyright certificates and related rights certificates are documents to prove that the person named in this Certificate is the author or owner of the work.
In the situation the Customer does not register the copyright at the Copyright Office, if he wants to prove that he is the author, the Customer needs to provide TNTP with documents that must prove that he created the work and that creation has been fixed in a material form.
• Literary, artistic, and scientific works expressed in the form of articles, books, magazines, tapes, audio discs, tapes, video discs … with infringing content;
• Creative leases; labor contract and work assignment documents in case the Customer (individual, organization) is the owner of the work;
• Legal wills, judgments, and decisions of the Court on the division of the inheritance in case of settlement of disputes arising from the inheritance of copyright;
• Copyright service contract in case of settlement of copyright disputes service contracts;
• Invoices for payment of remuneration and royalties in case of settlement of disputes related to the right to enjoy these amounts;
• Contact information of the Disputing Party;
• Other relevant documents (if any).
3. TNTP process of implementing dispute settlement work
Step 1: TNTP customer contact, initial consultation, and quotation agreement
• Based on the information and documents provided by the Client, TNTP’s experts and lawyers will study the dossier, evaluate the feasibility of the case and give some initial advice.
• TNTP will send a Quote with a specific implementation plan to the Customer for the Customer to consider entering into a Service Contract with TNTP;
• In case the Customer agrees to the Quotation, TNTP will send the Service Contract to the Customer. The Parties will enter into the Contract and the Customer will pay the service fee to TNTP (if any).
Step 2: Implement dispute resolution
• Phase 1: Support customers to negotiate with the disputed party in the field of copyright:
• Phase 2: Support and represent the Customer to bring the case to handle according to the procedures for handling administrative violations and/or initiate lawsuits at the competent dispute settlement agency.
• Phase 3: Support the Customer in the process of enforcing the effective arbitration decision/judgment/award of the competent dispute settlement agency.
In case the Court or the Vietnam Arbitration Center issues an effective judgment/decision/award but the disputing party does not voluntarily enforce the judgment, TNTP will immediately assist the Customer in carrying out the procedure for requesting the execution of the judgment at the competent enforcement agency to force the disputing party to implement the legally effective arbitral judgment/decision/award.
Here is to share the dispute resolution process in the field of the copyright at TNTP. With the mindset of always protecting the legitimate rights and interests of customers, we are and will try to bring customers’ trust and peace of mind when using TNTP’s legal services.
