The Trouble With Moral Rights In Vietnam, And A Possible Solution

The Intellectual Property Law of 2005 (IP Law) was Vietnam's first truly comprehensive legal instrument focusing on intellectual property. More than 15 years since its issuance, the IP Law has been strengthened and refined through its two amendments (in 2009 and 2019) and subordinate legal documents. Still, some provisions of the law have issues that remain controversial or unclear.

One issue that has recently drawn attention from legal scholars and practitioners is related to moral rights under the copyright regime. Under the current IP Law, the moral rights of authors/creators include the following:

1. The right to give titles to their works.
2. The right to attach their real names or pseudonyms to their works and to have their real names or pseudonyms acknowledged when their works are published or used.