Circular No. 02/2019/TT-BVHTTDL dated July 05, 2019 of the Minister of Culture, Sports and Tourism on prescribing the process of judicial expertise of copyright and related rights

CIRCULAR

Prescribing the process of judicial expertise of copyright and related rights ^[1]

Pursuant to the June 20, 2012 Law on Judicial Expertise;

Pursuant to the November 29, 2005 Law on Intellectual Property, and the June 19, 2009 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property;

Pursuant to the Government’s Decree No. 85/2013/ND-CP of July 29, 2013, detailing and providing measures for implementing the Law on Judicial Expertise;

Pursuant to the Government’s Decree No. 105/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of a number of articles of the Law on Intellectual Property regarding the state management of intellectual property, and the Government’s Decree No. 119/2010/ND-CP of December 30, 2010, amending and supplementing a number of articles of the Government’s Decree No. 105/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of a number of articles of the Law on Intellectual Property regarding the state management of intellectual property;

Pursuant to the Government’s Decree No. 79/2017/ND-CP of July 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;

At the proposal of the Director of the Legal Department;

The Minister of Culture, Sports and Tourism promulgates the Circular prescribing the process of judicial expertise of copyright and related rights.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes the process of judicial expertise of copyright and related rights solicited by procedure-conducting bodies or persons or when requested by judicial expertise requesters.

Article 2. Subjects of application

This Circular applies to individual and institutional judicial expertise performers and other organizations and individuals engaged in judicial expertise of copyright and related rights.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Copyright and related rights means rights determined in accordance with the law on intellectual property.

2. Individual performers of judicial expertise of copyright and related rights include judicial experts and ad hoc judicial expertise performers in the field of culture relevant to their specialties, who must be appointed or announced in accordance with the law on judicial expertise.

3. Institutional performers of judicial expertise on copyright and related rights include the Ministry of Culture, Sports and Tourism, provincial-level Departments of Culture, Sports and Tourism or Departments of Culture and Sports, judicial expertise offices, and ad hoc judicial expertise organizations that have relevant specialized activities that have been announced in accordance with the law on judicial expertise.

Chapter II

PROCESS OF JUDICIAL EXPERTISE OF COPYRIGHT AND RELATED RIGHTS

Article 4. Receipt of expertise requests or solicitation

1. Performers of judicial expertise of copyright and related rights (below referred to as judicial expertise performers) shall receive expertise solicitation and requests enclosed with to be-expertised objects and related documents and objects (if any) before performing expertise; and may refuse to do so in accordance with the law on judicial expertise in case the conditions for expertise are not satisfied.