August 2022 – Intellectual Property Insights – Series of updating regulations on Law amending and supplementing a number of Articles on the IPy Law 2022 (continued)

Law on amending and supplementing a number of articles of the Intellectual Property Law of Vietnam (hereinafter called “the Law”) has added some exceptions for non-infringement of copyright as follows:

First, self-replicating a copy or reasonable copying for scientific research, personal study and not for commercial purposes. Compared with the current law, this case has added that the purpose of copying is for academic use and not for commercial purposes which balances the needs of learning to find documents and the interests of the author.

However, because there is currently no regulation on public copying devices, it is difficult to control the copying. Once the state can not control it, it will cause damage to the copyright owner. Therefore, the Law has added the exclusion of copying equipment.

Second, using works in official activities of state agencies. Stemming from the reality of public service activities such as inspection, examination, trial, etc., it is necessary to provide an exception for the use of works in public service activities to meet the requirements of state management.

Additionally, reproduction by republishing in newspapers, periodicals, broadcasting or other forms of communication to the public a lecture, speech, or other speech presented to the public within the scope of suitable for current information purposes, except where the author claims to hold copyright. This is a new point added by the Law in cases of using works for the above purposes.

Lastly, besides the disabled people, the Law also stipulates that people and organizations who nurture and care for these people can also access works.

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