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What are the legal responsibilities for copyright infringement under Vietnamese law? According to Vietnamese law, those who infringe on copyright can be held accountable in several ways, depending on the severity and nature of the violation.
Civil Liability
According to Article 202 of the Vietnamese Intellectual Property Law, in cases of intellectual property rights infringement, the court may apply the following civil measures to deal with organizations or individuals who commit violations:
- Order to Cease the Infringing Acts: The infringer is required to immediately stop all activities that infringe upon intellectual property rights. This may include halting the production, copying, distribution, or use of infringing products.
- Public Apology and Rectification: The court may require the infringer to issue a public apology and correct any misleading information related to the infringement, in order to restore the honor and reputation of the rights holder.
- Compulsory Civil Obligations: The infringer may be required to fulfill other civil obligations, such as returning the profits gained from the infringement or reimbursing any expenses incurred as a result of the violation.
- Compensation for Damages: The infringer must compensate the intellectual property rights holder for actual damages and other losses caused by the infringement.
- Destruction or Non-Commercial Use of Infringing Goods: The court may order the destruction or conversion for non-commercial purposes of goods, materials, or equipment primarily used for producing or trading infringing goods.
In addition, under Article 203 of the same law, both the plaintiff (the person filing the lawsuit) and the defendant (the person being sued) have the right and obligation to provide evidence to support or refute their claims. The plaintiff must prove ownership of the intellectual property rights with evidence such as a copyright registration certificate or an intellectual property transfer agreement and must also provide evidence of the defendant’s infringement or unfair competition.
Compensation for Damages due to Copyright Infringement
According to Articles 204 and 205 of the Vietnamese Intellectual Property Law, when an individual or organization infringes on intellectual property rights, the damages caused can be determined, and compensation can be sought based on specific principles and criteria as follows:
1. Types of Damages due to Intellectual Property Infringement
Damages are categorized into two main types: material damages and moral damages.
- Material Damages: Include losses related to assets, decreased income or profits, lost business opportunities, and reasonable expenses incurred to prevent or mitigate the damage.
- Moral Damages: Include harm to honor, dignity, reputation, and other intangible losses that the author, performer, or intellectual property rights holders suffer.
2. Principles for Determining Compensation
When damages can be proven, the plaintiff has the right to request the court to determine compensation based on the following criteria:
- Total Material Damage Plus the Defendant’s Profit: The plaintiff can request compensation based on the total material damage calculated in monetary terms plus the profit that the defendant earned from the infringement, provided that the plaintiff’s reduced profit has not been included in the total material damage.
- License Transfer Value: Another basis for determining compensation is the hypothetical value of a license that the defendant would have had to pay if they were legally granted the right to use the intellectual property subject to the scope of the infringement.
- Other Calculations: The plaintiff may present other methods for calculating material damages in accordance with legal provisions.
- Maximum Compensation: In cases where the exact amount of material damage cannot be determined, the court may set compensation, but it shall not exceed 500 million VND.
3. Compensation for Moral Damages
If moral damage can be proven, the plaintiff can request the court to decide the compensation amount, which ranges from 5 million VND to 50 million VND, depending on the extent of the damage.
4. Payment of Attorney Fees
In addition to compensation for material and moral damages, the intellectual property rights holder has the right to request the court to order the infringer to pay reasonable attorney fees incurred by the plaintiff.
These provisions help ensure that organizations and individuals whose intellectual property rights are infringed can receive appropriate and reasonable compensation, while also deterring and preventing further violations.
Administrative Liability
Administrative liability for copyright infringement is regulated under Articles 8 to 20 of Decree No. 131/2013/ND-CP on administrative penalties related to copyright and related rights. Depending on the specific violation, the infringing party may be subject to fines ranging from 3 million VND to 250 million VND. In addition to fines, other sanctions may include: Confiscation of infringing materials, Public correction of false information on mass media, Destruction of infringing materials, Removal of the infringing works or copies.
Criminal Liability
Article 225 of the Vietnamese Penal Code stipulates criminal liability for copyright and related rights infringement, with the following penalties:
1. Penalties for Individual Offenders
Fines or non-custodial reform: Individuals who intentionally reproduce or distribute to the public copies of works, recordings, or films without permission from the copyright owner may be fined from 50 million VND to 300 million VND or face non-custodial reform for up to 3 years. This applies if the infringement has a commercial scale, illicit profits from 50 million VND to less than 300 million VND, or causes damages from 100 million VND to less than 500 million VND.
Fines or imprisonment: For more serious cases, such as organized crime, repeated offenses, illicit profits of 300 million VND or more, or damages of 500 million VND or more, the offender may face fines from 300 million VND to 1 billion VND or imprisonment for 6 months to 3 years.
Additional Penalties: The offender may also be fined from 20,000,000 VND to 200,000,000 VND, or prohibited from holding certain positions, practicing certain professions, or performing specific jobs for a period of 1 to 5 years.
2. Penalties for Violating Commercial Entities
Fines: A violating commercial entity may be fined from 300,000,000 VND to 1,000,000,000 VND if the infringement is on a commercial scale or illicit profits range from 200,000,000 VND to under 300,000,000 VND, or if the damages caused range from 300,000,000 VND to under 500,000,000 VND.
Fines or Suspension of Activities: For more serious offenses, the entity may be fined from 1,000,000,000 VND to 3,000,000,000 VND or have its operations suspended for a period of 6 months to 2 years.
Additional Penalties: The commercial entity may also face additional fines from 100,000,000 VND to 300,000,000 VND and be prohibited from conducting business, engaging in certain activities, or raising capital for a period of 1 to 3 years.
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