The US-China trade war,
especially disputes over intellectual property (IP), once again alarmed
business executives about the importance of complying with laws and strengthening
management capacity for protecting and avoiding infringement of IP rights of
any other country, when participating in global "games". One of the
most vulnerable objects of intellectual property is computer software. So, in
Vietnam, what are the policies to overcome piracy of computer software?
Referring to the
operation of the WTO, people often mention the activities of the Trade Council
under the General Assembly. There are three trade councils (as known as three
"pillars" of the WTO): the Council for Trade in Goods, the Council for
Trade in Services and the Council of Trade-Related Aspect of Intellectual
Property Rights. In particular, the Council on Trade-Related Aspect of
Intellectual Property Rights is responsible for activities that fall within the
scope of the Agreement
on Trade-Related Aspect of Intellectual Property Rights (TRIPS Agreement), as
well as coordination with other international organizations in the field of IP
rights.
According to the
request of the TRIPS Agreement, each member state or WTO member must give full
and effective protection of intellectual property rights to citizens of other
WTO members in accordance with the principle of national treatment and most
favored nation. Specifically, members must have a legal system and apparatus to
protect intellectual property rights (including: copyright and related rights, patents,
business secrets, trademarks, industrial designs, integrated circuit layout
design, geographical indications and unfair anti-competitive rights) meet the
TRIPS Agreement minimum standards for content, scope, time limits and
enforcement of rights.
Besides, the Berne
Convention allows authors to enjoy copyright for a lifetime and a minimum of 50
years thereafter. However, countries that comply with the convention are
allowed to extend the term of copyright. Regarding the world situation, through
free trade agreements, developed countries like the United States and Japan ...
want to work towards a stronger enforcement mechanism than the standards set
forth in the agreement when it comes to the trade of intellectual property
rights. In particular, developed countries tend to "criminalize"
intellectual property infringements by expanding the subject of criminal
enforcement measures to infringements of inventions, business secrets,
trademarks, industrial designs, integrated circuit layout design, ... not just
violations of trademarks, copyrights and related rights. Criminally infringed intellectual
property rights also tend to be expanded.
Vietnam is increasingly
integrating deeply into the economy with the region and the world through free
trade agreements with leading partners such as the United States, Japan and the
European Union. The enforcement of intellectual property rights by criminal
means is one of the important contents in the negotiation of new generation
free trade agreements and is particularly emphasized by development partners.
In recent years, the law on enforcement and protection of intellectual property
rights, including enforcement by criminal measures, has been constantly
strengthened, improved and contributed to improving the effectiveness of
enforcement activities to protect IP rights. With the efforts of the Government,
the activities of protecting copyright and related rights have made significant
progress. The State has issued many legal documents on this field, the
Vietnamese laws have been developed and completed from the practice of
management and administration for copyrigh, acquired international standards,
met the requirements to promote effective protection and international
integration.
Regarding the
protection of intellectual property rights, especially for computer software,
Vietnam has signed many bilateral and multilateral international treaties
related to copyright and related rights. Accordingly, Vietnam has an obligation
to protect copyright and related rights under international treaties to which
Vietnam is a member. At the Resolution of the 9th Plenum of the Party Central
Committee, Session XI (Resolution No. 33-NQ / TW) on building and developing
culture and people of Vietnam to meet the requirements of sustainable
development of the country, stated: “Raising awareness of the implementation of
legal provisions on copyright and related rights in the whole society.
Strengthen and enhance the operational efficiency of copyright management
agencies and agencies from central to local levels.”
Criminal Code No.
12/2017 / QH14 amending and supplementing a number of articles of the Criminal
Code No. 100/2015 / QH13, effective from January 1, 2018, demonstrating the
determination of the Vietnamese Government to strictly enforce against
copyright and related rights violations, including computer software
copyrights. Under the new provisions of the amended Criminal Code, for the
first time, commercial legal entities shall be criminally responsible for
crimes infringing copyright and related rights. Article 225 of the amended Criminal
Code has introduced sanctions to overcome violations of copyright and related
rights. Including computer software copyright. With the new strict penalty
framework that the Criminal Code 2015 will apply to commercial entities that
intentionally violate computer software copyrights in particular and copyrights
in general, the rate of software piracy Vietnam will be able to significantly
reduce, create a fair competitive business environment for businesses, as well
as promote the development of the socio-economy in the context of Vietnam's
deep and broad integration into the international economy.
If you're looking for an affordable IP attorneys in Vietnam, check out ANTLawyers.vn. ANTLawyers.vn was established to meet these
needs by providing fast, effective and economical solutions. Hope that clears
things up a bit. Feel free to message me directly to chat further about any
other IP questions that you face.
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