Vietnam is among countries with the highest rate of software
piracy in the world, although the rate has reduced from 92% in 2004, to 81% in
2011, 78% in 2015 according to the report of BSA, The Software Alliance that
promote legal software use and advocates for public policies that foster
technology innovation and drive growth in the digital economy.
Computer software is protected as
literary works, one of types of works eligible for copyright protection in
accordance with Article 14 of Vietnam law on intellectual property 2005,
amended and supplemented in 2009. Unlicensed software is unauthorized use or
distribution of copyrighted software. Copyright infringements include publishing,
distributing, copying, using, leasing out, duplicating, importing, exporting a
work without permission from the author or copyright holder according to
Article 28 of Vietnam law on intellectual property 2005, amended and
supplemented in 2009.
The government of Vietnam has been
striving to coordinate between ministries to increase awareness and encourage
the software license compliance. Further, Ministry of Culture, Sports and
Tourism has coordinated with Ministry of Public Security to increase frequency
of inspecting the software license compliance in Vietnam as part of
intellectual property right enforcement effort.
According to the provisions of Article
215 of the 2005 Intellectual Property Law, there are measures under the law of
Vietnam to prevent and secure administrative sanctions.
In the following cases, organizations
and individuals may request Vietnam competent agencies to apply preventive
measures and ensure administrative sanction as provided for in Clause 2,
Article 215 of the 2005 Intellectual Property Law:
-Material evidence of the infringement
is likely to be dispersed or there are indications that the offender will evade
responsibility;
In order to secure enforcement of a
decision imposing an administrative penalty, preventive measures and/or measures
to secure enforcement of administrative penalties which may be applied in
accordance with administrative procedures to acts of infringement of
intellectual property rights shall comprise:
-Temporary detention of persons;
-Temporary custody of infringing goods,
material evidence and facilities;
-Body searches;
-Searches of
means of transport and objects; searches of places where infringing goods,
material evidence and facilities are hidden;
-Other
administrative preventive measures in accordance with the law on dealing with
administrative breaches
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