LIABILITY OF INTERMEDIARY SERVICE PROVIDERS FOR COPRYRIGHT AND RELATED RIGHT INFRINGEMENT UNDER EVFTA - CHALLENGES FOR VIETNAM

Nguyễn Phương Thảo

ThS., Giảng viên Khoa Luật Dân sự, Trường Đại học Luật Tp. Hồ Chí Minh Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Among the provisions on enforcement of intellectual property right, the EVFTA sets forth the responsibility of intermediary service providers for infringements of copyright and related rights in order to strengthen the prevention mechanism, prevent and handle infringements. The article analyzes the theoretical basis for forming the responsibility of intermediary service providers stemming from indirect infringement, the provisions of the EVFTA on this issue and the challenges posed to the domestic law. From there, identify a number of contents that need to be completed in the future to meet the commitments under the EVFTA and current practical requirements.

Keywords: intermediary service provider, copyright infringement, EVFTA, intellectual property