By Dr. Bui Duc Anh and Lawyer Nguyen Nhu Hai – UniLaw LLC

COPYRIGHT INFRINGEMENT LAWYER IN VIETNAM – UNILAW

The landscape of intellectual property in Vietnam is evolving rapidly, particularly as the country integrates deeper into the global economy through agreements like the CPTPP and EVFTA. However, this growth also brings a surge in legal disputes. If you find yourself in a situation where your creative work has been used without permission, seeking the counsel of a dedicated copyright infringement lawyer in Vietnam is the first step toward protecting your assets and your reputation. At UNILAW, we combine deep local expertise with international standards to serve as your trusted intellectual property attorney.

Real-World Challenges: The Zing TV and exclusive Film Exploitation Case

To understand the complexities of copyright litigation, let us examine a significant case handled by the Vietnamese courts: Judgment No. 109/2023/KDTM-PT regarding the dispute over the exclusive right to exploit cinematographic works within the territory of Vietnam. The plaintiff, Company T4, claimed that it had been granted exclusive rights by a Hong Kong entity (Sea Yuen Limited) to exploit three major television series: “The Story of MingLan,” “Princess Silver,” and “Legend of the Phoenix.” They discovered that Zing TV, managed by Company V, had uploaded these films directly onto their platform without authorization. Company T4 filed a lawsuit demanding damages of 45,000,000,000 VND (approximately 1.9 million USD) and a public apology.

The defendant argued that Zing TV is a social network and that the content was uploaded by users. They further challenged the legal chain of ownership, asserting that the Hong Kong entity did not have the right to grant exclusivity to Company T4 at the time the agreement was signed. The Court of First Instance initially ruled in favor of the plaintiff, ordering Company V to pay over 14 billion VND. However, the High People’s Court in Ho Chi Minh City, during the appellate stage, reversed this decision. The appellate court found that at the time the alleged infringement occurred (the date the evidence was recorded via bailiff), the plaintiff had not yet received the import license from the Ministry of Culture, Sports, and Tourism. Furthermore, the documents showed that the distributor (Sea Yuen) only received their distribution rights after they had already signed the sub-license agreement with Company T4. Consequently, the court ruled that Company T4 did not have the legal standing to claim exclusive rights at that specific moment. The entire claim was dismissed, and the plaintiff was required to pay significant court fees. This case highlights why hiring a vietnam intellectual property lawyer is crucial to ensure that every link in the chain of title is verified and that procedural requirements are strictly met before initiating litigation.

The Legal Foundation of Copyright in Vietnam

Understanding the basics of the law is essential for any creator or business. The primary legislation governing these matters is the Law on Intellectual Property. As your vietnam IP lawyer, we start by looking at how rights are established.

Article 6. Grounds for the generation and establishment of intellectual property rights

“1. Copyright shall arise at the moment a work is created and expressed in a definite material form, regardless of content, quality, form, mode and language and whether it has been published or registered.”

Layman’s Explanation: This means you don’t actually have to register your book, song, or software with the government to “own” it. Protection starts automatically the moment you finish your work and put it in a tangible form like a digital file or a piece of paper.

Despite this automatic protection, registration is highly recommended. According to Article 49 of the Law on Intellectual Property, registration is the process where the author or owner files an application to record information about the author and the work. While not compulsory, Article 49.3 clearly states: “Organizations and individuals that have been granted certificates of registered copyright… shall not be bear the burden of proof of such copyright… in a dispute, unless there is proof to the contrary.”

Moral Rights: Protecting the Author’s Dignity

Vietnamese law distinguishes between moral rights and economic rights. This distinction is vital when a copyright infringement lawyer in Vietnam builds a case. Moral rights are deeply personal and, in some cases, cannot be transferred.

Article 19. Moral rights

“Moral rights shall comprise the following rights:

1. To title a work…

2. To attach real names or pseudonyms to a work; to have real names or pseudonyms acknowledged when a work is published or used;

3. To publish a work or to authorize other persons to publish a work;

4. To protect the integrity of a work and to forbid other persons from modifying, editing or distorting a work in any form which is prejudicial to the honor and reputation of the author.”

Layman’s Explanation: These rights belong to the person who actually made the work. Even if a company buys the rights to your script, they usually cannot change the story in a way that makes you look bad or remove your name as the writer without your permission.

We see this in Judgment No. 29/2018/KDTM-PT, involving a dispute between a screenwriter, Ms. Dang, and a Film Studio. The parties had a “Copyright Transfer Agreement” and a “Script Production Agreement.” A conflict arose regarding the payment and the modification of the work. The court had to carefully separate the economic transfer of the work from the moral rights of the author to be credited and to protect the work’s integrity. As your intellectual property attorney, UNILAW ensures that these personal rights are respected even in large commercial transactions.

Economic Rights: The Power of Exclusive Exploitation

While moral rights protect the person, economic rights protect the profit. These are the rights most frequently infringed upon in the business world.

Article 20. Economic rights

“1. Economic rights shall comprise the following exclusive rights:

a) To make derivative works;

b) To perform a work before the public…

c) To reproduce a work;

d) To distribute or import for distribution to the public…

dd) To communicate a work to the public by wire or wireless means…

e) To lease the original or copies of a cinematographic work or computer program.”

Layman’s Explanation: These rights allow the owner to control how the work is used to make money. If you own the copyright, only you (or people you pay) can make copies, sell them, or show them on the internet.

At UNILAW, a vietnam intellectual property lawyer will help you exercise these rights through licensing. Article 20.2 emphasizes that “Organizations and individuals that exploit or use one, several or all of the rights… must ask for permission from the copyright owner and pay royalties, remuneration and other material benefits.” Failure to do so constitutes a direct violation of the law.

Copyright in Computer Programs and Software

In the digital age, software is one of the most valuable forms of intellectual property. Vietnam treats computer programs as “literary works” for the purposes of copyright. This provides a robust framework for enforcement.

Article 22. Copyright in computer programs and data compilations

“1. A computer program is a set of instructions expressed in the form of commands, codes, diagrams or any other form which, when incorporated in a device readable by a computer, has the ability to make the computer or device perform a job or achieve a specific result. Computer programs shall be protected as literary works, whether they are expressed in the form of source code or machine code.”

Layman’s Explanation: Whether you write software in high-level code or it’s compiled into binary for a machine, the law protects it just like it would protect a novel or a poem. This prevents others from stealing your code to build their own apps.

Let’s look at Judgment No. 07/2023/KDTM-PT. A major US software company (PTC) sued a Vietnamese manufacturing firm for using pirated versions of “Pro/ENGINEER Wildfire 5.0.” The Inspectorate of the Ministry of Culture, Sports and Tourism had conducted a surprise raid and found the software on the defendant’s computers. The court forced the defendant to pay over 1.1 billion VND in damages. This shows that the courts take software piracy seriously. A vietnam IP lawyer from UNILAW can facilitate these types of enforcement raids and follow up with civil litigation to recover lost revenue.

Identifying Acts of Infringement

To win a case, your copyright infringement lawyer in Vietnam must prove that a specific act of infringement occurred. Article 28 of the Law on Intellectual Property provides an extensive list of what counts as a violation.

Article 28. Acts of infringement of copyright

“1. Appropriating copyright in a literary, artistic or scientific work.

2. Impersonating an author.

3. Publishing or distributing a work without permission of the author.

…

6. Reproducing a work without permission of the author or copyright owner…

8. Making a derivative work without permission…

10. Communicating a work to the public via communication networks or digital means without permission…”

Layman’s Explanation: This article is the “rulebook” for what people cannot do. If someone puts your video on their website, uses your drawing in an ad, or sells copies of your book without a contract, they are breaking the rules listed here.

In Judgment No. 78/2022/KDTM-PT, an author named Nguyen Van L sued a large electronics supermarket chain. Mr. L had registered copyright for “Applied Art Forms of Folk Tet Paintings.” During the Lunar New Year, the supermarket used his specific depictions of “Children playing in Spring” and “The Old Scholar writing calligraphy” in their promotional banners and newspaper ads without his consent. The defendant claimed they just took the images from the internet and didn’t know they were copyrighted. The court rejected this excuse, stating that the act of using the images for commercial purposes without a license was a clear violation of Article 28. They were ordered to pay 50 million VND in damages and publish a public apology in three major newspapers. This case serves as a warning that “I found it on Google” is not a legal defense in Vietnam.

The Role of Evidence and the Burden of Proof

In Vietnamese litigation, the quality of your evidence determines the outcome. A skilled vietnam intellectual property lawyer will guide you through the process of gathering “visible and audible” materials that hold up in court.

In Judgment No. 13/2020/KDTM-PT, Mr. Ninh sued a media company for using 387 of his educational videos on their website, vietgiaitri.com. The lower court originally dismissed his case, claiming he couldn’t prove he was the owner because he hadn’t registered the works. However, on appeal, the High Court recognized that under Article 6, registration is not mandatory. Mr. Ninh had provided a CD containing all 387 videos, showed his YouTube account logs, and provided his domain registration for “360do.vn.” The court ruled these were valid “audible/visible materials” under the Civil Procedural Code. This case demonstrates that with the right intellectual property attorney, you can prevail even without a formal certificate, provided your digital trail is clear.

Damage Calculation and Civil Remedies

Once infringement is proven, the next question is: how much money can you get? This is where Article 205 becomes the most critical piece of legislation for your vietnam IP lawyer.

Article 205. Bases for determination of damages caused by infringement of intellectual property rights

“1. In a case where the plaintiff proves that an act of infringement… has caused material damage to him or her, he or she shall have the right to request the court to decide the level of compensation on any of the following bases:

a) The total material damage calculated in an amount of money plus the profit derived by the defendant… if the reduced profit of the plaintiff has not yet been included…

b) The price of the transfer of the right to use the object of intellectual property with the assumption that the defendant had been transferred that right…

c) In a case where it is impossible to determine the level of compensation… the level of compensation shall be fixed by the court… but shall not exceed five hundred million (500,000,000) dong.”

Layman’s Explanation: You can ask for your lost profits, the profit the bad guy made, or the amount they should have paid you if they had bought a license. If you can’t prove a specific number, the judge can pick a fair amount, but there is usually a cap of 500 million VND for these “general” damages.

In the software case (Judgment 07/2023), the court used basis (b). The plaintiff showed that they had recently sold a license for the same software to another Vietnamese company for approximately 69,590 USD. The court used this real-world market price as the base for calculating the damages. This is a much more effective strategy than relying on the court’s discretion under basis (c), which often results in lower awards. This is why a copyright infringement lawyer in Vietnam will often look for past invoices or industry standard rates to boost your claim.

Apologies and Mitigation of Damage

Money is not the only remedy. Article 202 of the Law on Intellectual Property provides several civil measures.

Article 202. Civil measures

“Courts shall apply the following civil measures to handle organizations and individuals that have committed acts of infringement…:

1. Compelling the termination of the act of infringement;

2. Compelling a public apology and rectification;

3. Compelling the performance of civil obligations;

4. Compelling payment of damages for loss;

5. Compelling destruction or distribution or use for non-commercial purposes…”

Layman’s Explanation: The court can make the infringer stop what they are doing, write a public “sorry” letter in the news, pay you for your losses, and even order that the fake goods or illegal tools be destroyed.

Public apologies are a powerful tool in Vietnam for restoring a brand’s reputation. In the Case of the “Flycam – Tay Ninh que toi” videos (Judgment 54/2021/KDTM-PT), the court ordered the defendant to remove the infringing clips and, while they didn’t grant the full 100 million VND request, they did force the defendant to pay for the plaintiff’s legal fees. Article 205.3 explicitly allows the court to compel the infringer to pay for the “reasonable costs to hire a lawyer.”

Collective Management and Professional Representation

For many creators, monitoring every single use of their work is impossible. This is where Collective Management Organizations (CMOs) come in. These organizations, governed by Article 56 of the Law on Intellectual Property, act as intermediaries.

Article 56. Organizations for collective management of copyright and related rights

“1. Organizations for collective management… are non-profit organizations established by authors, copyright owners or related right owners… to protect copyright and related rights.

2. [They] shall perform the following activities:

a) Management of copyright and related rights; negotiation of licenses, collection and distribution of royalties…

b) Protection of legal rights and interests of members; organization of conciliation when disputes arise.”

Layman’s Explanation: These are “clubs” for artists and writers. They help you find people using your work, collect the money for you, and even help you sue if someone doesn’t pay. It’s like having a team of agents working for you.

However, CMOs are not always enough for high-stakes litigation or complex corporate disputes. When a brand’s core identity is at risk, you need a professional intellectual property attorney. At UNILAW, we offer specialized consulting services (Article 57) to help you navigate these organizations and the state authorities like the Copyright Office of Vietnam (COV) or the Inspectorate of the Ministry of Culture, Sports, and Tourism.

Protecting Related Rights: Performers and Producers

It is important to remember that copyright doesn’t just protect the “creator” of the idea. It also protects the people who bring it to life—the performers, recording producers, and broadcasters. These are called “Related Rights.”

Article 35. Acts of infringement of related rights

“1. Appropriating the rights of a performer, producer of a phonogram or video recording or a broadcasting organization.

2. Impersonating a performer, producer…

3. Publishing, producing and distributing a fixed performance, a phonogram, a video recording or a broadcast without permission…”

Layman’s Explanation: If you are a singer, a record label, or a TV station, you have your own set of rights. Even if you didn’t write the song, nobody can sell your recording of it or put your performance on TV without asking you first.

We see this protection in action in Judgment No. 54/2021/KDTM-PT. The plaintiff, Mr. V, owned the related rights to a flycam video of Tay Ninh. A singer (Mr. S) used several seconds of this footage in a music video posted on YouTube. Even though the footage used was very short (only a few seconds), the court affirmed it was a violation of Mr. V’s related rights as the producer of the video recording. This confirms that in Vietnam, even small-scale digital “sampling” can land you in legal trouble if you don’t have the proper permissions. An experienced vietnam IP lawyer can help you identify these “micro-infringements” that can still cause significant damage to your exclusive distribution plans.

The Importance of Expert Witness and Evaluation

In many IP cases, the judge may not have the technical expertise to determine if two things are “confusingly similar” or if a piece of code was truly stolen. Article 201 provides the mechanism for “Expertise on Intellectual Property.”

In the case of “Binh Minh Plastic” vs. “Binh Minh V Plastic” (Judgment 40/2025/KDTM-PT), the court heavily scrutinized the assessment reports from the Vietnam Intellectual Property Research Institute (VIPRI). The plaintiff used these reports to argue that the names were too similar. However, the court eventually found that while the words were the same, the logos and font styles were distinct enough that consumers wouldn’t be confused. This case highlights that while expert opinions are important, they are only “one of the sources of evidence” and are not binding on the judge. Your copyright infringement lawyer in Vietnam must be prepared to argue beyond the technical report to convince the court of the real-world impact on your business.

UNILAW: Your Partner in IP Protection

At UNILAW, our approach is proactive. We don’t just wait for an infringement to happen; we help you build a “legal fortress” around your assets. Our vietnam intellectual property lawyer team provides comprehensive services, including:

• Due Diligence: Verifying the chain of ownership for acquired works, as seen in the Zing TV case, to ensure your rights are enforceable.
• Enforcement Strategy: Coordinating with the police, customs (Article 216), and administrative agencies to stop the flow of infringing goods.
• Strategic Litigation: Filing civil lawsuits that maximize damage awards by using proven market data rather than capped statutory amounts.
• Contract Drafting: Creating clear licensing and transfer agreements that protect your moral rights and ensure a steady stream of royalties.

Whether you are a software developer in Silicon Valley looking to enforce your rights in Hanoi, or a local Vietnamese artist whose work has been used by a multinational corporation, UNILAW has the expertise to protect you. Don’t let your hard work be stolen. Consult with a vietnam IP lawyer today to secure your future.

In conclusion, copyright law in Vietnam is a powerful tool, but it is also a technical minefield. As we’ve seen from the Zing TV and Tet Folk Painting cases, success depends on perfect timing, impeccable documentation, and a deep understanding of how Vietnamese judges view the value of creativity. By partnering with a dedicated intellectual property attorney at UNILAW, you ensure that your intellectual assets are treated with the respect and commercial value they deserve.

1. Judgment No. 109/2023/KDTM-PT (Company T4 vs. Company V – Zing TV). Articles cited: Art 28, Art 202, Art 205 Law on IP.

2. Judgment No. 78/2022/KDTM-PT (Nguyen Van L vs. T. Trading & Service Co – Supermarket). Articles cited: Art 28, Art 202, Art 204, Art 205 Law on IP.

3. Judgment No. 07/2023/KDTM-PT (PTC vs. NC Co – Software). Articles cited: Art 6, Art 14, Art 20, Art 22, Art 27, Art 28, Art 198, Art 202, Art 204, Art 205 Law on IP.

4. Judgment No. 13/2020/KDTM-PT (Dinh Cong N vs. VGT Co – Educational Videos). Articles cited: Art 4, Art 14, Art 35, Art 203, Art 204 Law on IP.

5. Judgment No. 54/2021/KDTM-PT (Nguyen Hoang Le V vs. P Co – Flycam Footage). Articles cited: Art 28, Art 35, Art 202, Art 204, Art 205 Law on IP.

6. Judgment No. 29/2018/KDTM-PT (Nguyen Thi Minh D vs. V Film Studio – Script). Articles cited: Law on IP (Moral vs Economic rights context).

7. Judgment No. 40/2025/KDTM-PT (Binh Minh Plastic vs. Binh Minh V Plastic). Articles cited: Art 129, Art 201 Law on IP.

10. Source 282, 379 (Law on Intellectual Property No. 50/2005/QH11 and amendments 2009, 2019, 2022). Articles cited: Art 6, Art 19, Art 20, Art 22, Art 28, Art 35, Art 49, Art 56, Art 57, Art 198, Art 202, Art 204, Art 205.