Circular No. 02/2019/TT-BVHTTDL prescribing the regulations on judicial expertise on copyrights and related rights

On 05 July 2019, The Ministry of Culture, Sport and Tourism issued Circular No. 02/2019/TT-BVHTTDL which will be effective from 01 September 2019. This Circular prescribes the regulations on the process of legal assessment on copyrights, relative rights upon the demand of the proceedings authorities, proceedings person of the demand of the other persons.

According to Article 2.2 and 3.2 of Chapter I: “Judicial expertise performers on copyrights, relative rights including judicial expertise performer, ad-hoc judicial expertise performer in the cultural fields having proper profession which are appointed, assigned under the regulations on judicial expertise; judicial expertise organization on copyrights, relative rights include The Ministry of Culture, Sports of Tourism, the provincial Department of Culture, Sports and Tourism.

According to this Circular, judicial expertise performance will be taken in the following steps:

  • Step 1: Receiving request, solicit expertise
  • Step 2: Preparing to implement the assessment
  • Step 3: Implementation of assessment
  • Step 4: Conclusion of assessment
  • Step 5: Handing over the assessment conclusion

The Circular also prescribes the regulations of keeping assessments records.

With the specific and strict regulation, this Circular is expected the make a contribution to defining the position, function and responsibility of the judicial expertise performers, as well as the importance of the copyrights, relative rights, resulting in repelling the issues of copyrights, related rights infringement which is becoming more and more popular nowadays.