Senior Partner Le Quang Vinh joined a talk show titled “Culture and arts – from the perspective of intellectual property Law” before 500 students coming from 3 Hanoi-based universities shortly before the ceremony of 40th founding anniversary of the Hanoi

Senior Partner Le Quang Vinh joined a talk show titled "Culture and arts – from the perspective of intellectual property Law" before 500 students coming from 3 Hanoi-based universities shortly before the ceremony of 40th founding anniversary of the Hanoi Law University

Email: vinh@bross.vn

In the morning of November 6, 2019 at Hall A403 of Hanoi Law University, at the invitation of the Vietnam Student Association of Hanoi city, lawyer Le Quang Vinh – Bross & Partners together with the two other speakers as Associate Professor, Dr. Vu Thi Hai Yen – Deputy Head of Civil Law Department and renowned art director Viet Tu, spoke in front of about 500 students from 3 universities: the Hanoi Law University, Hanoi University of Culture, and Law Department under the Hanoi National University.

Information about the seminar was also reported by the Tien Phong newspaper in its article " Học luật sở hữu trí tuệ qua smartphone“ [Learning intellectual property law via smartphone] at the link: https://www.tienphong.vn/gioi-tre/hoc-luat-so-huu-tri-tue-qua-smartphone-1483547.tpo; or link: https://baomoi.com/hoc-luat-so-huu-tri-tue-qua-smartphone/c/32849496.epi; or facebook: https://www.facebook.com/photo.php?fbid=10218653916351938&set=pcb.10218653941512567&type=3&theater

Around the focus of the roundtable titled "Culture and Arts – from the Perspective of the intellectual property legislation", the speakers focused on 5 major issues that students are most interested in:

1. What is the basis for identifying author and copyright owner as well as the legal rights protected by the laws in favor of these subjects?
2. What is the real situation about copyright protection and infringement of copyright?
3. How to identify typical acts of cropping, correcting and distorting against a protected work that artists may realize during one’s artistic creation activities?
4. What are the criteria for identifying acts of trimming, correcting, distorting a particular work?
5. Can parody-typed performance, making a parody, making a cover in singing, etc. based on the movies, music videos (MV) and popular songs be considered as an infringement of intellectual property rights? And what is the current sanctions against them?

In order to help reduce the abstract nature of the copyright law, which is considered difficult, Mr. Vinh shared with students three key issues that often appear in copyright and related rights disputes:

1. The origin and conditions of copyright protection are always based on two legal standards: (i)( expression of ideas, not ideas themselves, which must be fixed in a tangible medium of expression, and (ii) originality must be present, means the work originated from the author’s mind, not getting copied or making copy from others

(2) The three-step test according to Article 9(2) of the Berne Convention is a very important legal feature that help balance the interests between rights holders and the public, helping determine the legal threshold between infringement and non-infringement of copyright or related rights. While the said threshold is governed by limitations and exceptions imposed by the Berne Convention against the exclusive rights enjoyed by the copyright holder, the United States uses an equivalent legal concept as "fair use" and Vietnam names this concept with a common men term "circummstances of using published works without asking for permission and without paying royalties or remuneration” in Article 25 of the Intellectual Property Law

(3) Derivative work and four legal characteristics to identify it when compared to the original work. The legal complexity that can sometimes be so complex is called the dilemma when resolving endogenous conflicts between the Article 19(4) based right to protection of integrity, preventing the repair or mutilation of works, as a permanently and indefinitely protected moral right, in favor of the author and Article 20(1)(a)-based economic right in favor of the copyright owner.

Some pictures taken from the talk show:

A full 150-minute audio and visual fixation can be viewable at the link:

Bross & Partners has intensive experience in assisting clients in defending against allegations of copyright infringement, related rights including a recent pending lawsuit where the client was claimed a damage amount of USD 1.5 million. Should you have specific needs, please contact: vinh@bross.vn; cellphone 84-903 287 057, 84-4-3555 3466; Wechat: wxid_56evtn82p2vf22; Skype: vinh.bross

Bross & Partners, a renowned and qualified Patent, Design, Trademark and Copyright agent of Vietnam, constantly ranked and recommended by the Managing Intellectual Property (MIP), World Trademark Review (WTR), Legal 500 Asia Pacific, AsiaLaw Profiles, Asia IP and Asian Legal Business, is providing clients all over the world with the reliable, affordable contentious and non-contentious IP services including enforcement, anti-counterfeiting,  litigation regarding trademark, trade name, industrial design, patent, copyright and domain name.