The Notice-And-Takedown Mechanism In Online Copyright Protection: International Experiences And The Potential For Application In Vietnam
- IJLLR Journal
- Oct 5
- 1 min read
VO Trung Hau, Faculty of Law, Binh Duong University, Viet Nam
VO Hoang Thong, SAPUNG Company Limited
ABSTRACT
In the context of the rapid development of the digital environment, online copyright infringement has become increasingly widespread, causing significant damage to authors and the creative industries. The “notice-and- takedown” mechanism has been adopted by many countries as an effective solution to promptly address infringements while balancing the interests of rights holders, intermediary service providers, and users. The United States pioneered this model with the DMCA, while France and the European Union emphasize transparency and restrictions on general monitoring, thereby establishing a robust legal framework with diverse practical applications. In recent years, Vietnam has incorporated this mechanism into its current Intellectual Property Law, reflecting its efforts toward integration and modernization of copyright protection tools. However, the practical implementation still faces many challenges, such as risks of abusive notices or counter-notices, requiring close coordination among regulatory authorities, rights holders, and platforms to ensure the mechanism’s maximum effectiveness.
Keywords: Copyright, copyright protection, digital environment, copyright infringement, notice-and-takedown mechanism.
