Copyright law in Vietnam: substantive and private international law aspects

Phan Khoi Nguyen

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Samenvatting

This research aims to answer a general question: " Is there any need for development of the substantive law and PIL in field of copyright protection in Vietnam?" It focuses on certain international copyright treaties (such as the Berne Convention and the TRIPS Agreement), national copyright laws (such as in China, Indonesia and Singapore) and regional cooperation in the field of intellectual property protection within the Association of Southeast Asian Nations to examine international standards in the field of copyright protection and seek solutions for develop Vietnam's copyright law in the future, both from the point of view of substantive and private international laws, not only to meet local needs, but also to harmonize with external factors. Research shows that the current copyright law in Vietnam conforms to existing international standards in international treaties to which Vietnam is bound or will adhere; however, the law is very unclear on some issues such as Internet copyright protection, compulsory copyright licensing, while on issues such as copyright ownership, duration of the protection and content of rights, further explanation and development are necessary. In the field of private international law, it is also suggested to retain the lex protectionis as a general rule for settling cross-border copyright disputes. However, the scope of this rule and how it is supported by other rules needs to be clarified to explain the application of conflict of laws rules to deal with copyright disputes involving foreign element(s).
Originele taal-2English
KwalificatieDoctor of Philosophy
Toekennende instantie
  • Rijksuniversiteit Groningen
Begeleider(s)/adviseur
  • ten Wolde, Mathijs, Supervisor
  • Henckel, Kirsten, Co-supervisor
Datum van toekenning28-apr.-2022
Plaats van publicatie[Groningen]
Uitgever
DOI's
StatusPublished - 2022

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