Question: What can I do to handle copyright infringement in Vietnam?
Answer: SBLAW would like to advise as follows:
1.SCOPE OF WORKS AND FEES
1.1. Scope of works
As mentioned in your email, you are looking for an IP consultant who is able to provide retainer services relating to settlement/handling of infringement case related to film copyright in Vietnam.
1.2. The measures for settling the case
Based on your provided information, you company could take the following actions for settling those infringement cases:
a. Sending the warning letter:
On behalf for copyright owner, we will send a warning letter to the alleged infringer and request them to immediately stop their action.
We will give a period of 15 working days for the infringer to consider and take our demand.
This action is not compulsory but it could save the time and fee for your company in case the alleged infringer agrees to our request.
b. Requesting the authorized state agency to handle and settle this case
According to this action, we will draft and file an appeal to the state agency (in this case is Inspectorate of Ministry of Culture, Sport and Tourism) and request them to handle and settle this case. The alleged infringer may be punished and will be required to cease their action and to stop immediately the implementation of the infringement of copy rights.
Depending on the complication of the case, it may take about 1 – 3 months for settlement.
c. Filing law suite
Under these circumstances, on behalf for your company, we file the lawsuit petition to the court and ask them to implement one all of the following actions:
– Apology on the website where the infringer is managed;
– Compensate for damage to the actual damage that your company has incurred (including the for infringement (it can be calculated based on number of views) and legal fees and costs incurred in pursuing this matter);
– Stop immediately the implementation of the infringement of copy rights;
Depending on the progress of the case, the court could be resolved the case within 6-12 months or more.
d. What we could claim?
Basically, under Vietnam Law you could claim the follows:
– Legal fees
– Actual damage
-Business opportunity lost
In order to identify the business opportunity lost, we could count based on the views of the films on the two alleged links. Namely, the total value the owners of the two websites could earn. Normally, such websites could earn based on CPM (cost per 1000 impression) and each page has their own prices. Regarding the link on Zing, we could estimate they can earn about $US45000 per for 11 million views. However, we could figure out the total value earned by the website: bilutv.com.
In addition, you could also inform us your fee for licensing the film to any party in Vietnam (if any) or other countries to identify the compensation we could claim from the two websites.
e. Necessary documents
In order to perform the above mentioned action, please provide with us the following documents and information.
- 03 notarized and legalized POA;
- 03certified copy of the film copyright;
- The information of alleged infringer (Name and address);
- Other information that may be useful in this case.
1.4. The estimated fee for taking the above mentioned action
Our estimated fees for taking the aforementioned actions will be calculated as following tables:
|1||Sending the warning letter (per letter)||500.00|
|2||Requesting the authority state body to handle the case||5,000.00|
|3||Filing law suite |
We also further charge 15% of total amount claimed.
Note: The aforementioned fees are inclusive the official fee but 5% VAT and other disbursement such as translation fee, notarization and legalization fee, etc. We will inform you the arising fee for your consideration before taking any actions.
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