Agreement
between the Government of the United States of America and the
Government of the Socialist Republic of Vietnam on the Establishment of
Copyright Relations
The
Government of the United States of America and the Government of the
Socialist Republic of Vietnam, hereinafter referred to as the
Contracting Parties;
Desiring
to promote further relations between them;
Recognizing
the benefits to be derived by both States from the mutual protection of
copyrights;
Have
agreed as follows:
Article
I - Definitions
For the
purposes of this Agreement:
1. The
term, "Vietnam" means the territory of the Socialist Republic
of Vietnam as defined in its laws.
2. The
term "United States" means the several states, the District of
Columbia and the Commonwealth of Puerto Rico, and the organized
territories under the jurisdiction of the United States Government.
3. The
term "works" means all types of copyrightable works and sound
recordings, regardless of the medium in which they are fixed, including
in electronic form.
Article
2 - National Treatment
Each
Contracting Party shall, in accordance with its respective laws and
procedures, accord to the works of authors, creators, and artists who
are nationals or domiciliaries of the other Contracting Party, and to
works first published in the territory of the Contracting Party,
copyright protection no less favorable than that it accords to its own
nationals.
Article
3 - Covered Works
1. Works
protected under this Agreement shall include works for which a national
or domiciliary of either Contracting Party owns economic rights granted
by the copyright law in the territory of the other Party or where such
rights are owned by a judicial entity directly or indirectly controlled
by, or the majority of whose shares or other proprietary interest is
owned by, any national or domiciliary of either Contracting Party,
provided that ownership of such rights was acquired within one year
following first publication of such works in a country belonging to a
multilateral copyright treaty to which either Contracting Party belongs
on the effective date of this Agreement. Indirect control means control
exercised through subsidiaries or through affiliates wherever located.
2. Each
Contracting Party shall extend the protection required by this Agreement
to works of nationals and domiciliaries of the other Party, and to works
first published in the other Party, prior to the entry into force of
this Agreement, if such works have not fallen into the public domain in
either Contracting Party after enjoying a full term of protection.
Nothing done by any person before the entry into force of this Agreement
shall be taken to constitute an infringement of copyright. Accordingly,
the relevant law and/or regulations of both Contracting Parties will
specifically provide that the grant, enjoyment, and enforcement of
copyrights will apply to all such works.
Article
4 -Formalities
Neither
Contracting Party may impose formalities, including among other things
publication or registration requirements, on the enjoyment or exercise
of rights in works of the other Contracting Party.
Article
5 - Minimum Rights
1. The
Contracting Parties shall ensure that the right holder in a work shall
have the exclusive right to authorize or prohibit
a. the
reproduction of a work, preparation of derivative works based upon the
work, and the distribution of copies of works;
b. in the
case of literary, musical, dramatic, and choreographic works,
pantomimes, and motion pictures and other audiovisual work, the public
performance of the work; and
c. in the
case of literary, musical, dramatic, and choreographic works,
pantomimes, and pictorial, graphic, or sculptural works, including the
individual images of a motion picture or other audiovisual work, the
public display of the work.
2. The law
of both Contracting Parties will include provisions which specifically
set out these rights.
3.The
Contracting Parties will confine limitations and exceptions to the
rights setforth in Paragraph 1 of this Article to special cases which do
not conflict with a normal exploitation of the work and do not
unreasonably prejudice the legitimate interests of the right holder.
Article
6 - Enforcement
1. The
Contracting Parties will provide full and effective enforcement of
copyrights in works within their territories, including:
a. making
available in the context of civil actions preliminary injunctive relief,
permanent injunctive relief, damages, and the seizure and destruction of
infringing goods and the materials and machinery predominantly used to
create them;
b. making
available criminal procedures and penalties to be applied in the case of
copyright piracy on a commercial scale, including the imposition of
fines and imprisonment sufficient to provide a deterrent and the seizure
and destruction of infringing goods and the materials and machinery
predominately used to create them; and
c. rnaking
available effective enforcement at the border, including the seizure and
destruction of infringing goods in transit or bound for import or
export.
2. The law
of both Contracting Parties will include provisions which specifically
set out these remedies, procedures and penalties.
Article
7 - Resolution of Disputes
If any
dispute between the Contracting Parties arises out of the interpretation
or implementation of this Agreement, the Contracting Parties shall
attempt to settle such dispute amicably by consultation and negotiation.
Article
8 - Cooperation
The
Contracting Parties agree to cooperate to achieve their shared goal of
preventing and addressing the infringement of copyrights. This can
include technical assistance and cooperation where appropriate under
such terms and conditions as agreed by both Contracting Parties.
Article
9 - Implementation of Obligations
The law
and regulations of both Contracting Parties will include provisions
which specifically implement the obligations set out in this Agreement.
Article
10 - Amendment
This
Agreement may to amended and supplemented at any time as agreed between
the Contracting Parties.
Article
11 - Entry Into Force
1.
Articles 1 through 10 of this Agreement shall enter into force upon the
exchange of written instruments indicating each Party's ability to
undertake the obligations therein.
2. Each
Contracting Party shall undertake best effort to exchange instruments in
accordance with Paragraph 1 above as soon as possible, but in any event
no later than six (6) months from the date this agreement is signed by
both Parties.
3. Either
Contracting Party may terminate this Agreement by giving six (6) months
notice of such intention. This Agreement will terminate on the
expiration of the notice unless the Contracting Party giving notice
withdraws such notice before the expiration thereof.
In witness
whereof, the undersigned being duly authorized by their respective
Governments, have signed this Agreement.
Done in
duplicate at Hanoi this 27th day of June, 1997, in the English and
Vietnamese languages, both texts being equally authentic.
FOR
THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
Madeline Albright [signature]
FOR
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM:
Cam [signature]
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