IMPLEMENT THE COMMITMENT TO BALANCE BETWEEN THE RIGHTS OF COPYRIGHT HOLDERS AND THE INTERESTS OF THE PUBLIC IN THE EVFTA AGREEMENT AND PROVIDE FOR EXCEPTIONS FOR NON-INFRINGEMENT OF COPYRIGHT IN VIETNAMESE LAW

TS. Nguyễn Thị Bích Ngọc

TS. Nguyễn Thái Cường

The EVFTA Agreement was signed in 2019, Vietnam is obliged to implement the commitments of the EVFTA and international commitments on the balance between the rights of intellectual property rights holders and the interests of the public. They have been implemented through the international legal framework from the Berne Convention on Copyright, the TRIPS Agreement, the BTA with the United States to the EVFTA Agreement. These commitments are codified in IP law through copyright exceptions in different ways. The article analyzes the implementation of Vietnam's commitments, thereby making necessary recommendations for the draft amendments and supplements to the IP law.

Keywords: Balance of interests, fair use, exception of copyright, copying, reproducing.

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Abstract

IMPLEMENT THE COMMITMENT TO BALANCE BETWEEN THE RIGHTS OF COPYRIGHT HOLDERS AND THE INTERESTS OF THE PUBLIC IN THE EVFTA AGREEMENT AND PROVIDE FOR EXCEPTIONS FOR NON-INFRINGEMENT OF COPYRIGHT IN VIETNAMESE LAW