What to Do When Facing a Copyright Dispute with a Foreign Partner?
Are you an individual or a business in Vietnam, currently working with an international partner, but suddenly find yourself in a copyright dispute? You're not alone. This issue can be challenging, both legally and culturally. Below is a practical guide, based on real experiences in Vietnam, to help you handle the situation strategically and effectively.
1. First Steps When Facing a Copyright Dispute with a Foreign Partner
1.1 Clarify the Nature of the Dispute and Legal Grounds
Identify the type of dispute: It could involve moral rights (e.g., who has the right to publish or protect the integrity of a work) or economic rights (e.g., royalties, licensing agreements).
Apply Vietnamese law: Vietnam’s Intellectual Property Law protects the creative works of both Vietnamese and foreign authors or organizations, especially if the work was first published in Vietnam or protected under an international treaty to which Vietnam is a signatory.
Compare with international law: Partners from countries participating in the Berne Convention (most countries) follow the minimum protection rule: the author's lifetime plus at least 50 years after their death.
Pro Tip: Always start by reviewing your contract—does it include governing law, mediation, or international arbitration clauses?
2. Dispute Resolution Methods in Vietnam – From Friendly to Legal
2.1 Negotiation & Mediation – Fast and Cost-Effective Solutions
If the contract includes a mediation clause, take the initiative to propose it. Commercial mediation can take place both before and after a dispute arises. It’s a wise approach to preserve the partnership.
Advantages: Fast, low-cost, maintains the business relationship, and suits international contracts.
2.2 Arbitration – An Efficient Option When Mediation Fails
Vietnamese law allows intellectual property disputes (including copyright) to be resolved through commercial arbitration if stipulated in the contract or mutually agreed upon by both parties.
However, arbitration has certain limitations: rulings are not binding on national registration authorities and may not be sufficient for disputes involving public policy.
2.3 Litigation – The Final and Official Measure
If both mediation and arbitration fail or are not applicable, you can file a lawsuit with a competent court in Vietnam (depending on the contract, location of damage, etc.).
Dispute resolution can be handled by:
The Intellectual Property Office of Vietnam
The Vietnam International Arbitration Centre (VIAC)
Civil Courts in Vietnam
The court can order:
The infringing party to cease violations, issue a public apology, and correct false information.
Compensation for damages (both material and moral), up to legal limits (e.g., up to VND 500 million for material damages; VND 5–50 million for moral damages), including legal fees.
Real-life example: Judgment No. 51/2023/KDTM-ST (dated May 11, 2023, by the People’s Court of District 1, HCMC) resolved a dispute over a copyright licensing contract, illustrating how domestic law can be effectively applied in international-related cases.
3. Practical Lessons and Sincere Advice
3.1 Collect and Preserve Evidence Clearly and Completely
You must prove that you are the legal owner or the transferee of rights—contracts, confirmation emails, handover minutes, invoices, agreements… all are essential.
If the foreign partner controls the evidence, the plaintiff has the right to request the court to compel disclosure under Article 79 of the Civil Procedure Code and Article 203 of the IP Law.
3.2 Prepare in Advance and Stay Flexible in International Cooperation
When drafting international contracts, include clauses on mediation, applicable language, governing law, arbitration, and dispute resolution venue.
This acts as a “shield” to minimize risk and ensures a solid foundation if a conflict arises.
Summary Checklist
Identify the type of dispute: Distinguish between moral and economic rights; reference both Vietnamese and international law.
Negotiate / Mediate: Be proactive, save costs, and maintain good relations.
Arbitrate: Fast and effective if the contract includes it, but limited in some legal scopes in Vietnam.
Litigate: Final step, legally binding – allows you to seek compensation, public correction, and legal cost recovery.
Gather evidence: Prepare contracts, emails, records carefully.
Draft future contracts carefully: Clearly define dispute resolution terms and governing law.
Seek legal support: Engage reputable law firms for optimal outcomes.
If you are facing a copyright dispute with a foreign partner in Vietnam, or wish to prepare well before entering international partnerships, don’t hesitate to contact DEDICA Law Firm – where our experienced legal team is ready to accompany you through negotiation, mediation, arbitration, or litigation. We understand that finding the right legal partner can be the key to unlocking effective and lasting solutions.
Contact DEDICA Law Firm for expert legal consultation!
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