Vietnam software copyright:

Not only in developing countries but also in developed countries, computer software piracy is very common. Currently, this is a painful reality in Vietnam, while the legal corridor for this issue is only at the basic level and the first stage.

VietNamNet would like to introduce some analysis on this issue of two experts currently working in the field of legal advice.

Deputy Minister of Science and Technology Bui Manh Hai (left) and Vice President of BSA chaired an important seminar on promoting software copyright protection in Vietnam.(Photo: HS)

Upon hearing the information about Vietnam's PM copyright violation rate in 2004 was 92% - one of the countries with the highest software piracy rate in the world with a value of 55 million USD, many people give That rate is high, but in terms of the total value of damage, it is still low compared to other countries. That's true, however, in terms of an IT market that is on the rise, Vietnam will face great difficulties when attracting investment and facing the concern of other countries in the region. on the world.

In addition to PM computer copyright issues, some new types such as mobile content services, online content (online games, music online, online video .) are also very sensitive forms. with copyright issues, but not updated.

Legal practice in Vietnam shows that there has been no handling of copyright infringement in this area. However, this is a problem that has appeared in practice and will be encountered in a growing ICT market like Vietnam. The dispute over the recent use of GameOnline images between VinaGame and FPT is a good example.

PM was born and in order to protect the rights of the author, its owner, the law sets the rules for software copyright. For that purpose and to encourage software development, create legal circulation for business, use legitimate software, software copyrights must be respected and enforced to promote development. society and technology.

As IT and IT applications in businesses are growing, the illegal dissemination of computer software not only creates frustration for software enterprises, but also creates unequal competition among enterprise. The story of PM copyright becomes more important than ever, when the legal mechanism for developing and protecting copyright affects both the business community and the growth of the economy.

Waiting for a legal corridor to take effect

Pirated CDs of packaged software can be found easily in the Vietnamese market.

Actual situation of copyright infringement in our country now poses a pressing issue that needs to have a mechanism to overcome and solve outstanding problems.

One of the first moves can be mentioned is the introduction of the 2005 IP Law (passed by the National Assembly on November 29, 2005 and effective from July 1, 2006). The IP Law will create a complete legal framework and a basis for good protection of copyright.

The Intellectual Property Law also sets aside a part (Fifth Part) of regulations on Protection of Intellectual Property Rights (IPR) in which specific provisions on measures to protect IP rights: self-protection and treatment mechanisms IPR infringement with various methods.

In particular, the IP Law provides for the protection of IP rights by administrative, civil and criminal remedies, including different levels of specific damages related to IPR violations.

Specifically, based on the level of IP violation, the competent authority may apply damages up to VND 500 million (for material damages) and from 5 to 200 million dong (for mental damage). In addition, with the regulation of controlling import and export goods related to IP, the 2005 IP Law promises to limit illegal acts related to IP rights.

Article 198 2005 IP Law

1. Intellectual property right holders may apply the following measures to protect their intellectual property rights:

a) Apply technological measures to prevent infringement of intellectual property rights;

b) Requesting organizations and individuals infringing upon intellectual property rights to terminate acts of infringement, apology, public rectification, compensation for damage;

c) Requesting competent state agencies to handle acts of infringement of intellectual property rights according to the provisions of this Law and other relevant law provisions;

d) Initiate lawsuits at courts or arbitration to protect their legitimate rights and interests.

Along with the regulations on copyright and related rights in the Civil Code 2005 (effective from January 1, 2006), the Law on Intellectual Property 2005 creates a clear and effective legal mechanism. with regulations on protection and enforcement of copyright and related rights with mechanisms for handling violations.

With the introduction of the above legal documents, Vietnam has made great strides in institutionalizing international commitments on protection of intellectual property rights in general and copyright in particular (Vietnam has been member of the Bern Convention on the protection of literary and artistic works, 2000 Vietnam - US Trade Agreement as well as the WTO World Trade Organization system of regulations that Vietnam is in progress. The application process has very specific provisions on IP protection. The policy of software development of the State should be concretized by the effective promulgation and enforcement of relevant legal provisions.

Still a matter of consciousness .

In addition, the prevention of IP rights violations, especially copyright infringement on computer software, online games . in addition to creating a necessary legal corridor to regulate activities This action needs to have a sense of self-sufficiency in the law of all people, who directly or indirectly use the intellectual products of humanity. Businesses or economic organizations that have copyright infringement need to have a request to terminate the law violation, or ask the competent authority to settle complaints related to copyright infringement. fake.

Moreover, the author himself, the creators of the work, must speak out to protect their own interests, in order to prevent and limit possible copyright infringement. and defying the law.

BSA Vice President Jeff Hardee: "Vietnam's 92% copyright infringement rate, along with China is the highest in the world."(Photo: HS)

However, in the current situation of our country, due to the low living standards of the people, the awareness and understanding of the law has many limitations, denouncing and preventing copyright infringement. very rare. On the other hand, the psychological fear of contacting the competent authorities and the proceedings related to the settlement of copyright infringement is also the reason why the author or the owner of the work does not proceed. lawsuit if material damage is negligible.

However, it should be remembered that, in the past, we have dealt with a number of incidents related to copyright infringement, such as the plagiarism of the song 'love for longing', and more recently works painting the 'Kiss of the Wind', or 'Dawn on the Site' .

For computer software products and new types of business contents such as mobile phones, online content (online games, music online, online video .), the reality shows that there has not been any dispute resolution. Big legal issues related to copyright infringement in Vietnam. Currently, this is a new issue that arises while the relevant legal provisions have not been fully envisaged and have not been specifically adjusted. Hopefully in the future, the documents guiding the implementation of the 2005 IP Law will be overcome to overcome these shortcomings, to partly limit the situation of copyright infringement in our country today.

The illegal copying and distribution of computer software programs is very popular in our country. In order to limit software piracy, in addition to the full legal system, performance enforcement and copyright protection mechanisms, it is necessary to promote the self-protection and awareness mechanisms of joint entities. relating to production and business activities as well as using PM.

The Phong (recorded)
The article was consulted by Tran Sy Vy (Vilaf Law Office) and Nguyen Dang Minh (Law Office Leadco)