September 23, 2022
When Vietnam’s newly amended IP Law takes effect on January 1, 2023, bringing the country’s IP regime more in line with international standards, some of the most noticeable impacts will be in the copyright area. Some important changes in the amended IP Law are summarized below.
Reproduction
Reproduction is defined as the act of copying, in whole or in part, a work, sound or video recording, or broadcast program fixation by any means and in any form. Therefore, copying only a part of a copyrighted work would still be considered an act of reproduction and could be subject to relevant sanctions.
Distribution Rights
It is clearly provided that distribution rights are limited to products in a tangible form. Therefore, the act of making a work, sound or video recording, or broadcast program fixation available in digital form (through the internet, for example) will not be considered an act of distribution.
Exceptions to Copyright Infringement
The amended IP Law widens the scope of exceptions to copyright infringement. Exceptions have been added for, among others, persons with disabilities. The reproduction, performance, and communication of a work in an accessible format (when the persons involved have legal access to the original or copy of the work) is permitted.
In addition, exceptions (including distribution rights) are added for not-for-profit organizations authorized by the government to operate in a related field.
It is also notable that “works of art” and “the collection and anthologizing of works” are excluded from the permissible exceptions.
Enforcement Against Infringements
There are significant changes in the approach to identifying acts of copyright and related rights infringement. Specifically, instead of listing all the possible acts of infringement, the amended IP Law states that any acts violating moral rights and economic rights that do not fall under the stipulated copyright or related rights limitations and exceptions would be infringements of copyright