On 26 April 2023, the Government enacted Decree 17/2023/ND-CP to regulate copyright and related rights, following the recent amendments to the Law on Intellectual Property that were passed in 2022. The decree marks one of the most comprehensive laws to date on copyright, and came into force immediately on the date of enactment.
One of the key areas of regulation introduced by the decree is the regulation of online intermediary service providers ("ISPs"), particularly as to their extent of liability for copyright infringement and violations that occur on their platforms. It stipulates the conditions that need to be met by ISPs in order to enjoy safe harbour protections.
The decree also regulates, in greater detail, the criteria for determining when a copyright infringement has occurred. It also regulates the method for quantifying damages arising from infringement, while maintaining the principle that only actual damage will be awardable.
