<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The exceptions and limitations in copyright law have been firmly established by the Berne Convention. Indeed, these foundations consolidate and facilitate the unification in protecting copyrights of member states’ domestic laws. Nevertheless, the understanding and interpretations of each member are notably different and inadvertently maintain the inconsistency in international law. On that basis, the article analyzes the practice of Berne Convention’s codification and application in Vietnamese laws and judicial practice. Thereafter, the article emphasizes that Vietnamese intellectual property law has attempted to internalize the Berne Convention’s provisions on the limitations and exceptions of copyright law and proposes solutions to ameliorate such attempts. The article then shows the practice in Vietnamese judgment in order to show how Vietnamese intellectual property law receive the provision of limitations and exceptions in copyright law.</p>
</abstract>

The exceptions and limitations in copyright law have been firmly established by the Berne Convention. Indeed, these foundations consolidate and facilitate the unification in protecting copyrights of member states’ domestic laws. Nevertheless, the understanding and interpretations of each member are notably different and inadvertently maintain the inconsistency in international law. On that basis, the article analyzes the practice of Berne Convention’s codification and application in Vietnamese laws and judicial practice. Thereafter, the article emphasizes that Vietnamese intellectual property law has attempted to internalize the Berne Convention’s provisions on the limitations and exceptions of copyright law and proposes solutions to ameliorate such attempts. The article then shows the practice in Vietnamese judgment in order to show how Vietnamese intellectual property law receive the provision of limitations and exceptions in copyright law.

The Interpretations of Exceptions and Limitations Under Vietnamese Copyright Law in Case of Quotation of a Work

Vietnamese Journal of Legal Sciences

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The exceptions and limitations in copyright law have been firmly established by the Berne Convention. Indeed, these foundations consolidate and facilitate the...

The Interpretations of Exceptions and Limitations Under Vietnamese Copyright Law in Case of Quotation of a Work

Data publikacji: 30 gru 2021

Zakres stron: 34 - 45

DOI: https://doi.org/10.2478/vjls-2021-0007

Słowa kluczowe
free use of works, exceptions and limitations, quotation of a work, Berne Convention

© 2021 Nguyen Thai Cuong et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The Interpretations of Exceptions and Limitations Under Vietnamese Copyright Law in Case of Quotation of a Work

Data publikacji: 30 gru 2021

Zakres stron: 34 - 45

DOI: https://doi.org/10.2478/vjls-2021-0007

Słowa kluczowefree use of works, exceptions and limitations, quotation of a work, Berne Convention

© 2021 Nguyen Thai Cuong et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Słowa kluczowe
free use of works, exceptions and limitations, quotation of a work, Berne Convention