The Berne Convention is
a convention for the protection of works of art signed in Berne, Switzerland in
1886. The Convention sets out three basic principles and a the provisions
defining minimum protection as well as special provisions for developing
countries on copyright.
1. The principles of
copyright protection under the Berne Convention
1.1. Principle of
national treatment
The principle of
national treatment is the basic and important principle not only recognized in
the Berne Convention but also in many other international treaties on
intellectual property as well as in the laws of many countries in the world.
1.2. Principles of
automatic protection
Copyright protection is
the protection of individual creativity in the form of expressing ideas, therefore,
when people create and express ideas in a certain objective form, they also
generate copyright without a conditions or procedures.
1.3. Principles of
independent protection
The enjoyment and performance
of the rights of independent protection are not subject to any formula or
procedures; this enjoyment and performance are completely independent of
whether the work is protected in the country of origin or not. Therefore, in
addition to the provisions of this Convention, the level of protection as well
as the means of claiming guarantees for authors to protect their rights will be
entirely determined by the law of the country where the protection is applied.
2. Impact of copyright
protection principles in the Berne Convention on Vietnam
When Vietnam joined the
Berne 1886 Convention, there were changes and impacts on the system and process
of copyright protection. In October 2004, the Berne Convention entered into
force in Vietnam. It can be said that it marked an important step in the
process of international integration and can be considered as a day to open a
future for the copyright industry in Vietnam.
The Berne Convention
has created a legal framework, creating a basis for Vietnam to improve the
system of copyright protection laws (Intellectual Property Law, Civil Code) in
accordance with international treaties, provide a legal environment for
comprehensive international integration. The accession to the Berne Convention
is open to authors, owners of works, financial investors and services in this
area of Vietnam that may facilitate the transfer of copyrights of type of
literary, artistic and scientific works.
Prospects for expanding
investment and expanding the market of Vietnamese literary and artistic works
in the convention member countries and the convention's member states in
Vietnam are developed. In addition, Vietnam's cultural environment is also
purified, avoiding copyright infringement, using other people's works to
exploit excluded profits.
According to the Berne
Convention with the principle of automatic protection, works of Vietnamese
authors will be automatically protected for all countries that are parties to
the Convention. But at the same time, with that benefit, it is the
responsibility of protection of works by authors from over 160 Berne Union
member countries. The objects are literary, artistic and scientific works that
Vietnam has to protect very diverse. This is really a heavy responsibility, requiring
us to seriously implement our commitment to copyright protection.
3. Achievements and
obstacles when Vietnam joins the Berne Convention
Since Vietnam joined
the Berne Convention, in social life, awareness of the use of literary,
artistic and scientific works for profit purposes without permission of the author
is a violation of the law is increasing. The authors have taken more care and
initiative in protecting their creations or possessive. Organizations and
associations that protect the rights of authors increasingly assert their role,
effectively protect the rights in accordance with the law of the author.
However, the situation
of copyright infringement is still complicated with frequent levels in most
areas and in an alarming situation. The authorities have encountered many
difficulties in the enforcement of copyright. The handling of violations of
copyright still faces many difficulties and inadequacies. Currently, there has
not been adequate attention to the copyright incentives enjoyed by Vietnam.
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