Protection of related rights under Vietnamese Intellectual Property Law

sue in court. In practice, there are three main ways to enforce intellectual property rights, which are: (i) Administrative measures, through a number of agencies such as the Science and Technology Inspectorate, the Information and Culture Inspectorate, the Police; Market Management; Customs... (ii) Civil measures, when the owner has the right to make an administrative complaint or file a lawsuit, and (iii) Criminal measures. Therefore, to promote the activities of enforcement agencies, more administrative measures are needed.

Use more civil and criminal measures in resolving disputes related to the rights of broadcasting organizations. We are gradually building a rule of law state, reforming the judiciary to meet the requirements of economic and social development and the process of international integration of the country. The resolution of civil disputes is increasing, with the most effective and fair resolution tool being through the Court. However, in reality, intellectual property disputes in general, and disputes related to the rights of broadcasting organizations in particular, have not been resolved by the Court. It can even be said that there has not been a single case related to the rights of broadcasting organizations resolved in the Court. It can be said that disputes related to the rights of broadcasting organizations are a new and difficult field in Vietnam. Disputes have appeared, in many different forms, but they are still only resolved through negotiation and if there are administrative measures, they are still the main ones. Therefore, it is more necessary that the subjects themselves are aware when resolving disputes and determine the Court path to ensure their rights.

CONCLUDE

Related rights are a new legal concept in both law-making and law-enforcement practice in Vietnam. Although related rights have only appeared in Vietnam in recent years, they have basically met the most basic requirements for protecting the rights of related rights holders - a very important type of subject in intellectual property activities. On the one hand, the provisions on the protection of related rights are stipulated in highly effective legal documents, fully regulating complex related relationships in society. On the other hand, it has selective inheritance and absorption and is consistent with the minimum provisions of international treaties to which Vietnam is a member. Such provisions aim to internalize international treaties, thereby protecting related rights holders of Vietnam to enjoy the best legal rights not only in Vietnam's territory but also internationally where Vietnam is a member of international treaties. At the same time, it also creates fairness when Vietnam also protects the rights of related rights holders who are citizens of member countries of international treaties to which Vietnam participates.

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Within the scope of this thesis, the author wishes to provide a comprehensive view of the provisions of Vietnamese law in protecting the rights of related rights holders. Thereby analyzing the most basic legal concepts to see the advantages and limitations of some provisions. From there, making some recommendations to further improve the legal provisions on the protection of related rights in the current regulations on intellectual property in Vietnam.

REFERENCES

1. Minister of Culture and Information (1999), Decision No. 55/1999/QD-BVHTT promulgating regulations on production, export, import, circulation, and trading of audio tapes, audio discs, video tapes, and video discs of music and theater . Hanoi.

2. Government (2006), Decree 100/2006/ND-CP detailing and guiding the implementation of a number of articles of the Civil Code and the Intellectual Property Law on copyright and related rights, Hanoi.

3. Government (2011), Decree 85/2011/ND-CP amending and supplementing a number of articles of Decree 100/2006/ND-CP detailing and guiding the implementation of a number of articles of the Civil Code and the Law on Intellectual Property on copyright and related rights, Hanoi.

4. Bern Convention (1971) for the protection of literary and artistic works.

5. Brussels Convention (1974) relating to the distribution of programme-carrying satellite signals transmitted by satellite.

6. Geneva Convention (1971) for the Protection of Producers of Phonograms Against Unauthorized Duplication.

7. Rome International Convention (1961) for the protection of performers, producers of phonograms and broadcasting organizations.

8. Universal Copyright Convention (1971) (UCC) .

9. National Office of Intellectual Property of Vietnam (2009), Overview report on intellectual property protection and enforcement activities in Vietnam in 2009, Hanoi.

10. Hanoi Law University (2009), Vietnamese Intellectual Property Law Textbook,

People's Police Publishing House.

11. Le Hong Hanh , Dinh Thi Mai Phuong (2004), Intellectual property rights protection in Vietnam - Theoretical and practical issues, National Political Publishing House, Hanoi.

12. Vietnam - Japan Economic Partnership Agreement ( intellectual property section).

13. Agreement on scientific and technological cooperation between Vietnam and the United States (intellectual property section).

14. ASEAN Framework Agreement on Intellectual Property Cooperation.

15. Vietnam - US Bilateral Trade Agreement (BTA) .

16. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

17. WIPO Performances and Phonograms Treaty (WPPT) (1996) .

18. WIPO Copyright Treaty (WCT) .

19. Agreement between Vietnam and Switzerland on the protection of intellectual property and cooperation in the field of intellectual property.

20. Hoang Hoa (2009), “ Performers' rights” , http://www.cov.gov.vn , Hanoi.

21. Swiss Federal Copyright Law (1989) .

22. United States Copyright Act (2003) .

23. National Assembly (2005), Civil Code, Hanoi.

24. National Assembly (1992), Constitution of the Socialist Republic of Vietnam, Hanoi.

25. National Assembly (2005), Law on Intellectual Property, Hanoi.

26. National Assembly (2009), Law on Intellectual Property, amended and supplemented, Hanoi.

27. Hoang Minh Tu (2006), “Some provisions on copyright and rights related to copyright in the Civil Code and Intellectual Property Law”, State and Law Magazine, (9).

28. Le Mai Thanh (2005), “Discussion on the issue of intellectual property rights protection based on the Civil Code and Intellectual Property Law”, State and Law Journal, (3), Hanoi.

29. Nguyen Nhu Y (2010), Great Vietnamese Dictionary , Culture and Information Publishing House, Hanoi.

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