VIETNAM NEW REGULATION ON THE PROCESS OF JUDICIAL EXPERTISE ON COPYRIGHT AND RELATED RIGHTS

The Vietnam Ministry of Culture, Sports and Tourism earlier last month has issued the Circular No. 02/2019/TT-BVHTTDL regulating the process of judicial expertise on copyright and related rights. This Circular is expected to come into effect from 1st September 2019.

Under the provisions of the Law on Judicial Assessment 2012, “Judicial expertise means that judicial expertise performers use scientific, technical and professional knowledge, means and methods to make expert conclusions regarding matters related to the criminal investigation, prosecution and trial and enforcement of criminal judgements or settlement of civil cases and matters and administrative cases when solicited by procedure-conducting agencies or persons or when requested by expertise requesters defined in this Law”.

Accordingly, this Circular guided the detailed process of the judicial expertise on copyright and related rights in following steps:

Step 01: Receive requests, solicit expertise
Step 02: Prepare to carry out assessment
Step 03: Implementation of assessment
Step 04: Conclusion assessment
Step 05: Hand over the assessment conclusion
Step 06: Prepare files, keep assessment records

By regulating the process of assessment of copyright and related rights, this Circular No. 02/2019/TT-BVHDLTT contributes to assistance the judicial expertise performers, as well as the expertise organization to perform their activities of judicial expertise regarding copyright and related rights, with the ultimate effectiveness and rapidity.

Compiled by Banca IP Law Firm