A decade ago, intellectual property lawsuits were rarely handled by Vietnamese courts. They have become more common in recent years, but almost always with overseas IP owners in the plaintiff role, charging local Vietnamese entities with infringement, piracy, or counterfeiting. However, in the course of its rapid economic and technical development, Vietnam has emerged as a legitimate brand creator and content generator, and it appears that the tables may have turned. A good example of this shift is a high-profile copyright infringement lawsuit filed in mid-September at the People’s Court of Ho Chi Minh City by TV production company Vie Channel against the online streaming music giant Spotify. Vie Channel specializes in the design and development of game shows such as “Rap Viet” and “Who Is Single Vietnam,” popular programs on Vietnamese TV. The company has charged Spotify with extracting audio files from these shows—19 recordings from each—to broadcast on Spotify’s free and paid platforms without Vie Channel’s permission. Vie Channel sent several letters of notification to Spotify’s headquarters in Sweden before initiating the proceedings, and also clearly confirmed that there is no business relationship between Vie Channel and Spotify; therefore, these acts are deemed to infringe the protected moral rights and economic rights attached to the two programs. In its lawsuit, Vie Channel is requesting that Spotify terminate all acts of infringement and make a public apology, and is also seeking compensation for damages provisionally calculated at nearly VND 10 billion (USD 433,000), a massive amount in the context of Vietnam. The case presents many interesting legal issues to be settled by the court, such as the determination of the Vietnamese courts’ jurisdiction in lawsuits with foreign elements. Particularly, although the defendant in this case is “present” in Vietnam through its online music platforms, it has never been

COVID-19 has had an economic impact across a wide range of industries, including hospitality, airlines, automotive, construction, logistics, and more, and many performance obligations on contractual parties have been rendered impossible. However, many others—while certainly more difficult, complicated, or expensive—remain literally or legally possible. While COVID-19 will continue to have a devastating impact on health and economies globally, governments—including Thailand’s—have implemented preventive and responsive measures in an attempt to mitigate that impact. On May 24, 2020, for example, the Committee for Government Procurement and Supplies Management circulated guidelines for the administration of contracts between private parties during the COVID-19 pandemic, announcing that the COVID-19 pandemic qualifies as a force majeure event. The specific period of force majeure in Thailand began with the government’s announcement of a state of emergency on March 26, 2020. See the previous article for more details on this measure. As market circumstances continue to evolve along with the impact of COVID-19, companies in Thailand are paying special attention to the role force majeure plays in navigating the various legal implications of commercial contracts during the outbreak. Force Majeure Clauses under Thai Law    In the midst of the COVID-19 pandemic many are wondering whether parties will be excused from performance under the doctrine of force majeure, by which parties can be excused from contractual performance that becomes impossible due to an extraordinary or exogenous event. For contracts that have no force majeure clause, the definition of force majeure under section 8 of the Civil and Commercial Code will automatically be applied. However, parties may negotiate a force majeure clause and establish a course of action to follow in such events of force majeure. This clause can also pertain to things like excuse of liability, right to terminate or revise the contract, and distribution of damages due to force majeure. Every force majeure clause should be considered

As the exclusive Vietnam member firm of Multilaw, a leading global network of independent law firms, Tilleke & Gibbins contributed the Vietnam section to the network’s Enforcement of Foreign Judgments Guide, which details regimes for enforcing foreign judgments in 74 jurisdictions worldwide.

As the exclusive Thailand member firm of Multilaw, a leading global network of independent law firms, Tilleke & Gibbins contributed the Thailand section to the organization’s Multilaw Enforcement of Foreign Judgments Guide, which details regimes for enforcing foreign judgments in 74 jurisdictions worldwide.