On April 26, 2023, the Vietnamese government issued Decree No. 17/2023/ND-CP detailing some articles and enforcement measures of the 2022 Intellectual Property Law with respect to copyright and related rights (Decree 17). Decree 17 took immediate effect upon issuance, and provides long-awaited, necessary guidance for implementation of the IP Law, which took effect on January 1, 2023.
The official regulations set out significantly new requirements on copyright and related rights in comparison to the draft version of the decree circulated in 2022. Some of the most critical provisions include the following:
Detailed Definitions of Terms
Decree 17 provides detailed definitions of copyrightable subject-matters, including “literary and scientific works, textbooks, curricula, and other written works”; “lectures, speeches, and other talks”; “journalistic works”; “musical works”; “cinematographic works”; and others.
Exceptions to Copyright Infringement
Section 1 of Chapter III sets out the exceptions to copyright infringement, including, among others:
Enforcement Against Infringements
The entire Chapter VI covers the protection of copyright and related rights to a very detailed extent, including:
The mechanisms to determine infringements and damages are clearly provided, including:
Decree 17 also adds a separate section on the assessment of copyright and related rights (definitions, procedures, objects, etc.).
The clarifications of copyright and related rights infringement may provide additional legal protection and effective legal remedies against the circumvention of effective technological measures or rights management information used in connection with the protection of copyright and related rights.
Section 8 of Chapter VI provides a list of organizations that can be regarded as intermediary service providers (ISPs) and sets forth the responsibilities of ISPs, including:
Decree 17 makes it clear that ISPs are only liable for direct compensation if there is an infringement when they are acting as a secondary source of distributing digital information obtained by copyright infringement, which has been determined by a judgment or a decision in force of a court or a competent state agency or the IP holder. Particularly, the decree provides a process/steps to work with ISPs to take down infringing content per each entity’s request.