What is the penalty for copyright and related rights infringement under the Criminal Code?
(Baonghean.vn) - How many years in prison is the penalty for copyright infringement and related rights infringement? Can a commercial legal entity be punished for copyright infringement? This is a matter of concern for Ms. Nguyen Thi Mai (Nam Dan, Nghe An).
Reply:
*The penalty for the crime of copyright and related rights infringement is prescribed in Article 225 of the 2017 Penal Code as follows:
1. Any person who, without the permission of the copyright or related rights holder, intentionally commits one of the following acts, infringing upon copyright or related rights protected in Vietnam on a commercial scale or illegally profits from VND 50,000,000 to under VND 300,000,000, or causes damage to the copyright or related rights holder from VND 100,000,000 to under VND 500,000,000, or infringing goods worth from VND 100,000,000 to under VND 500,000,000, shall be subject to a fine of VND 50,000,000 to VND 300,000,000 or non-custodial reform for up to 03 years:
- Copying works, audio recordings, video recordings;
- Distribute to the public copies of works, copies of sound recordings, copies of video recordings.
2. Committing a crime in one of the following cases shall be subject to a fine of from VND 300,000,000 to VND 1,000,000,000 or imprisonment from 06 months to 03 years:
- Organized;
- Committing the crime 2 times or more;
- Illegal profits of 300,000,000 VND or more;
- Causing damage to copyright owners and related rights of VND 500,000,000 or more;
- Infringing goods worth 500,000,000 VND or more.
3. Additional penalties:
Offenders may also be fined from VND 20,000,000 to VND 200,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
* Penalties for copyright and related rights infringement against commercial legal entities committing crimes:
* Frame 1:
A commercial legal entity commits one of the following acts on a commercial scale or illegally profits from VND 200,000,000 to under VND 300,000,000 or causes damage to the copyright or related rights owner from VND 300,000,000 to under VND 500,000,000, or infringing goods worth from VND 300,000,000 to under VND 500,000,000; Illegal profits from VND 100,000,000 to under VND 200,000,000, or causing damage to copyright or related rights owners from VND 100,000,000 to under VND 300,000,000 or infringing goods worth from VND 100,000,000 to under VND 300,000,000, but have been administratively sanctioned for one of the acts specified in this Article or have been convicted of this crime, not yet had their criminal records expunged, but still commit the violation, shall be fined from VND 300,000,000 to VND 1,000,000,000:
- Copying works, audio recordings, video recordings;
- Distribute to the public copies of works, copies of sound recordings, copies of video recordings.
* Frame 2:
Committing a crime in one of the following cases shall be subject to a fine of from VND 1,000,000,000 to VND 3,000,000,000 or suspension of operations for a period of from 06 months to 02 years:
- Organized;
- Committing the crime 2 times or more;
- Illegal profits of 300,000,000 VND or more;
- Causing damage to copyright owners and related rights of VND 500,000,000 or more;
- Infringing goods worth 500,000,000 VND or more.
* Additional penalties:
Commercial legal entities may also be fined from VND 100,000,000 to VND 300,000,000, banned from doing business, banned from operating in certain fields or banned from raising capital from 01 to 03 years.
