Client/Legal Alert: The Draft Degree Guiding on the Copyrights and Related Rights

On August 12, the Copyright Office of Vietnam held a conference to gather opinions on the draft decree on guiding some articles of the intellectual property law in respect of copyrights and related rights.

The draft degree consists of 8 chapters and 63 articles. Among the others, Chapter V has the most changes to resolve the prevailing problems regarding collective management organizations, copyrights and related rights consulting agents, i.e. supplementing an article providing “Tariff on copyrights and related rights fees”; “The manners to divide remuneration regarding copyrights and related rights”; “The exploitation and usage of sound or visual recording under Article no. 33 of the Intellectual Property Law”.   

In addition, there were a number of opinions on other existing problems, such as legal basis to pay copyrights and related rights’ remuneration from the state budget. Detailed regulations on the parties’ liabilities in respect of negotiation on remuneration. Transparancy of information on a phonogram published for commercial purposes, for example karaoke, restaurant, hotel, ect. At present, annual lump-sum payments forced by a party, a collective management organization are not accurate, Mr. Vuong Duy Bien, the Deputy Minister of Culture, Sports and Tourism said.