Assessment Process Remains An Obstacle In Copyright Enforcement In Vietnam

In copyright disputes in many countries around the world, experts who can provide professional opinions based on their deep expertise in specific fields play a very important role. It is the same in Vietnam when copyright disputes are brought to court. The judges and court staff may have almost no knowledge in specific areas of settlement such as fine arts, music, or computer programs. For this reason, they focus only on the legal aspect of the cases; however, the legal aspect can only be considered on the basis of analysis from experts, commonly known in Vietnam as “assessment” (or expert opinion).

Assessment Has Become Essential

For copyright disputes that are resolved in court, except in cases where the behavior is very clear, a court order only occurs when there are assessment conclusions. The legal basis for considering assessment conclusions as an important source of evidence can be found in the 2005 Law on Intellectual Property, as amended in June 2022, and