Copyright Related Matters in Vietnam

KENFOX copyright attorneys are aware that copyright related issues have become increasingly complicated with the accelerating pace of technological advances in the methods of creating, distributing and exploiting creative works. While IP laws in Vietnam have improved significantly in recent years, not all is rosy. Piracy and counterfeiting remain rampant and alarming in Vietnam. KENFOX lawyers practicing copyright law excel in tackling the complex copyright problems arising in the wake of these changes. In addition to providing KENFOX clients with day-to-day counseling regarding the registration, licensing, policing and enforcement of their copyright rights, we regularly give advice on advertising, the sale and acquisition of copyrights and property libraries, asset-based lending and purchase money financing, due diligence inquiries, moral rights, performance rights and related rights.

KENFOX also assists the clients in weaving together various layers of copyright and other types of intellectual property protection. We have developed an effective strategy for registering the clients’ software copyrights without having to reveal sensitive trade secrets. Similarly, our lawyers recognize that sometimes an infringement issue that might appear to arise under copyright laws really should be approached as trademark infringement and that sometimes the optimal protection might require pursing a trademark strategy, often in association with a copyright strategy. Many members on our team routinely practice copyright law, therefore, they also well-versed in trademark law and assist the clients in developing and implementing strategies for protecting and enforcing their copyright and trademarks.

Copyright Litigation

The technological changes making copyright protection issues harder have also made copyright litigation more complicated as well not only in Vietnam, but also in Laos and Cambodia. For instance, questions as to what constitutes a “copy” and what damages are appropriate can prove vexing in copyright infringement claims. Strong knowledge of the law, experience and practical evaluations are integral to this representation.

KENFOX copyright lawyers have significant experience both prosecuting and defending against copyright claims. Our experience includes website takedowns, removal of copyrighted images out of the websites and ceases of copyright infringement at large under the copyright laws of Vietnam. We routinely represent conduits, caching services, web hosts and information location tools.

Our copyright services include:

  •  Copyright acquisition and registration
  •  Copyright clearance
  •  Copyright enforcement (e.g. advising on using or responding to takedown notices under the laws of Vietnam, advising on copyright infringement claims including claims arising from tampering with technological protection measures and rights management information).
  •  Conducting due diligence, audits and providing title opinions
  •  Negotiating and drafting copyright licenses and assignments and
  •  Providing copyright opinions, including in relation to subsistence of copyright, infringement and user rights such as fair dealing.