Decision of the Minister of Science and Technology on Implementing Copyright and Related Rights under the Law on Intellectual Property
科技部部长关于实施《知识产权法》中著作权及与著作权相关权利的决定
ຂໍ້ຕົກລົງ ຂອງລັດຖະມົນຕີ ກະຊວງວິທະຍາສາດ ແລະ ເຕັກໂນໂລຊີ ວ່າດ້ວຍການຈັດຕັ້ງປະຕິບັດ ກົດໜາຍວ່າດ້ວຍຊັບສິນທາງປັນຍາ ກ່ຽວກັບ ລິຂະສິດ ແລະ ສິດກ່ຽວຂ້ອງກັບລິຂະສິດ
Summary
The Minister of Science and Technology issued a decision under the Intellectual Property Law (Revised), stipulating rules and procedures for the management, declaration, limitations and exceptions, fair use, transfer and licensing, agency, collective management organizations, and administrative dispute resolution of copyright and related rights, uniformly applicable nationwide.
Articles
Article 1
Purpose. This Decision is issued to implement the Law on Intellectual Property, stipulating the management rules and procedures concerning copyright and rights related to copyright (neighboring rights), involving: declaration of information on copyright and neighboring rights; limitations and exceptions to copyright and neighboring rights; transfer of rights; agency; collective management organizations of copyright; and administrative dispute resolution, in order to achieve uniformity nationwide.
Article 2
Interpretation of terms. Except for the interpretations provided in Article 3 of the Law on Intellectual Property (Amended), No. 38/National Assembly, dated November 15, 2017, the terms used in this Decision shall have the following meanings: 1. "People's Court" refers to a court with jurisdiction to hear and adjudicate intellectual property cases; 2. "Applicant" refers to an individual, legal entity, or organization that has submitted an application for registration of copyright and related rights information, or the heir or successor in interest of such person; where the applicant is a copyright collective management organization, it refers to an individual, legal entity, or organization that has submitted an application for establishment of a copyright collective management organization; 3. "Application" refers to the dossier for registering copyright and related rights information or for applying for establishment of a copyright collective management organization; 4. "Author" refers to an individual or group that creates artistic, literary, and scientific works expressed in any form or manner; where the work is created by multiple persons in collaboration [handled in accordance with the relevant provisions of the Law on Intellectual Property]... [The following is a continuation of the terms, corresponding to Article 97 of the Law on Intellectual Property]: Performers, producers of sound recordings, or other right holders, to prove related rights in their performances, sound recordings, audio-visual recordings, or broadcasts; [Corresponding to Article 98] 16. "Power of Attorney" refers to a document by which a right holder authorizes one or more persons to perform duties on their behalf; 17. "Principal" refers to a person who grants rights to one or more persons to register copyright or related rights information with the Department of Intellectual Property or handle other matters on their behalf; 18. "Agent" refers to a lawyer or representative authorized by the copyright or related rights holder to register information with the Department of Intellectual Property or handle other matters on their behalf; 19. "Right holder or title holder" means, for copyright, the author, and for related rights, the performer, producer, broadcaster, or a person who has acquired rights through transfer, inheritance of interests, inheritance of estate, or by operation of law; 20. "Joint work" refers to a work created by two or more authors, each contributing to the original work, and the contribution of each person [handled in accordance with the provisions of the Law on Intellectual Property].
Article 3
Protection of Copyright and Related Rights. All works of authors shall be protected as copyright under the Intellectual Property Law and this Decision. All achievements of performers, producers of sound recordings, broadcasters or broadcasting organizations shall be protected as related rights under the Intellectual Property Law and this Decision.
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