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Summary of the Lawsuit

According to information reported by many different newspapers,the plaintiff, Mr. Le Phong Linch, a painter who had been worked forthe Defendant, Phan Thi Informatics Technical Services & TradingCompany Limited ("Phan Thi Company") represented by Mrs.Phan Thi My Hanh since 2001 as a role of an illustrator.

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Upon being commissioned to draw a series of folk tale adaptedfrom ancient characters, the Plaintiff built up about 30 charactersvà aý muốn them, 4 character figures were selected, Trang Ti, SuuEo, Dan Beo & Ca Meo that are used khổng lồ compose a comic book namedThan Dong Dat Viet. However, Ms. Hanh claimed that it was correctthat she also participated in the process of creating the comicbook together with Mr. Linc.

Mr. Linh participated in composing Than Dong Dat Viet until theend of episode 78, then quitted his job. Phan Thi Companysubsequently hired other artists to continue continuous episodesfrom 79 one as well as other publications, namely Than Dong DatViet Khoa hoc, Than Dong Dat Viet My Thuat without Mr. Linh'spermission.

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According lớn the first instance judgment of February 18, 2019quoted by the press, the Plaintiff requests the court khổng lồ resolve sầu 4requests:

(1) Recognizing that he is the only author of the above sầu 4figures from episodes 1 to 78, not recognizing Mrs. Phan Thi MyHanh as co-author;

(2) Forcing Phan Thi Company to stop creating và using variantsof 4 characters on the next episodes Than Dong Dat Viet after theepisode 78 and on other editions.

(3) Forcing Phan Thi Company to lớn apologize publicly in somenewspapers

(4) Forcing Phan Thi Company to lớn pay attorney fees.

According to lớn the lawsuit file, the Defendant did not agree torecognize Mr. Linc as the only author of the 4 characters Trang Ti,Suu Eo, Dan Beo và Ca Meo pertaining khổng lồ the episodes Than Dong DatViet from episodes 1 khổng lồ 78 with reasoning as follows:

The table comparing 4 figures characters at dispute before andafter the Plaintiff ended his employment contract with theDefendant



Comparing pages with credit of episodes 74 and 79before và after

the Plaintiff quitted working for theDefendant

(Source: vuilen.com)


The Findings by the Public Prosecutor & Court

The representative of District 1 People's Procuratorateholding the right supervise the compliance with the law at thehearing opined:

In its 23-page judgment, the people's court of District 1,Hochiminc thành phố ruled in favor of the Plaintiff wherein its eightfindings as below are notable:

Based on the above sầu findings, the court decided in favor of thePlaintiff, namely recognizing Le Linh is the only author, and toforce the Defendant khổng lồ stop creating và using variants ofcharacters Trang Ti, Suu Eo, Dan Beo & Ca Meo from episode 79onwards of Than Dong Dat Viet và other publications such as ThanDong Dat Viet Khoa Hoc & Than Dong Dat Viet My Thuat


1 In accordance with the Berne Convention, to whichVietphái nam is a member since October 26, 2004, the definition of aprotected work shall be understood as"literary và artistic work" but a literary andartistic work shall include every production in the literary,scientific và artistic tên miền. Therefore, in its IPhường Law, Vietnammodifies "literary and artistic work" lớn "literaryartistic và scientific work"

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