Sanctioning for violations of computer software copyright

According to Article 2 (viii) of the Stockholm Convention on 14 July 1967 on the establishment of the World Intellectual Property Organization, intellectual property is defined as the rights related to: Literary works, art and science works, performance of performers, sound recording, video recording, inventions in all areas of human endeavor, Scientific Invention, Industrial Designs, Trademarks (goods), service marks, trade names and indications, logos, Rights (protection) against unfair competition and all other rights are the result of Intellectual activities in industry / engineering, science, literature or arts.

The Berne Convention gives authors a lifetime of copyright and a minimum of 50 years thereafter. However, countries that comply with the convention are allowed to extend the term of copyright. 

Software Compliance Law Firm in Vietnam

Depending on the laws of each country, works may be regulated and may have different protections. Copyright infringement of a work can be understood as an act of verbatim copying of part or the whole of a pre-existing work but without the permission of the copyrighted person or unauthorized transmission of part or the whole of a work which is not under his copyright. More specifically, the text is not copied verbatim, but the whole idea as well as the order of presentation of a work are copied. This type of infringement is harder to spot but can still be considered a form of copyright infringement if there is evidence that a "copy" is imitating the prototype. It can be seen that the examples in the master thesis do not specify the source and the main author. The text is not copied in its original form but translated with creative ideas (in other languages ​​or in other formats) is also considered copyright infringement.

Under the 2005 Intellectual Property Law, computer programs or computer software are protected by copyright as protection of a literary work whether expressed in source code or machine code. Therefore, copyright in computer software is also fully protected with personal rights and related rights. The protection of laws on intellectual property products is the basis to encourage individuals and organizations to create useful products. But with the current situation of infringement of intellectual property rights, especially for computer programs and software, the copyright infringement is up to 80%. Most of the computer software programs, if individuals want to use it, have to pay royalties to manufacturers. Normally, this fee is calculated annually, but many individuals and organizations use this reason to use pirated software without copyright.

So how will violators be penalized? Depending on the seriousness, violators may be administratively sanctioned or examined for criminal prosecution. Specifically:

Firstly, regarding administrative handling: Organizations and individuals will be fined from VND 15,000,000 to VND 35,000,000 / 1 software product, if they commit acts of copying computer programs without permission of the copyright owner. At the same time, these organizations and individuals will be forced to remove infringing copies on the digital and cyber environment or destroy the material evidence. According to Article 18 of Decree No. 131/2013 / ND-CP (amended and supplemented by Decree No. 28/2017 / ND-CP), specifically:

A fine of from VND 15,000,000 to VND 35,000,000 shall be imposed for copying a work without permission of the copyright owner. At the same time, the application of remedial measures is to force the removal of copies of infringing works in electronic form, on digital and network environment or forcible destruction of infringing material evidences.

Secondly, on criminal prosecution:

Article 225 of the Criminal Code 2015 (amended in 2017) provides for the Crime of infringement of copyright and related rights as follows:

"Those who are not allowed by the copyright or related right owner to intentionally commit one of the following acts, infringe the copyright and related rights being protected in Vietnam on a commercial scale or gain illicit profits of between VND 50,000,000 and under VND 300,000,000 or cause damage to copyright or related rights owner from VND 100,000,000 to under VND 500,000,000 or infringing goods valued at from VND 100,000 .000 VND to less than VND 500,000,000 will be imposed a fine of from VND 50,000,000 to VND 300,000,000 or face non-custodial reform for up to 03 years:

a) Copying works, sound records, video records;

b) Distribute to the public a copy of the work, a copy of the sound recording, a copy of the video recording. "

In cases of aggravating factors, a fine of between VND 300,000,000 and VND 1,000,000,000 will be imposed or a prison term of between 6 months and 3 years. If a commercial entity commits an offense, the fine level will be higher for an individual, possibly liable to a fine of from VND 500,000,000 to VND 5,000,000,000, suspended from operation for between 06 months and 02 years or banned business, banned activities in certain fields or raising capital from 01 year to 03 years. The applicable penalty will depend on the seriousness of the violation.

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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How can I copyright my app?

If you are interested in obtaining copyright protection for a newly created app, you should be aware that copyrighting an app is likely eligible for two separate tiers of copyright protection. The process of copyrighting an app is actually automatic. Registering an app with the U.S. Copyright Office takes several steps. Copyright protections apply to works that are both published and unpublished, so please note to copyright your app it does not have to exist in the marketplace for the automatic protections associated with copyrights to apply to it. 

Copyright in Vietnam

According to the U.S. Copyright Office, an eligible work attains automatic copyright protection “the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.“ This means that original works of authorship like apps are copyright protected by default. But, many rights ordinarily associated with intellectual property protections may not be enforceable in court unless you or your company registers your copyrighted work with the government.

The Registration Process

Registering your app with the U.S. Copyright Office is generally a good idea because you will need to have done so in order to file a lawsuit in the event that another individual or business infringes upon your intellectual property protections. Registration also allows you to ensure that the details of your copyright registration become part of the public record, which may be advantageous for any number of reasons.

The copyright registration process is relatively straightforward. The U.S. Copyright Office provides creators with copyright application forms and fee-related details on its website. A copy of your work must be sent with your copyright application and is non-returnable. It is important to fill out the detailed copyright application completely and correctly or you will risk rejection of your registration. Any delay in registration approval may affect future intellectual property litigation. For this reason, it may be beneficial to have an attorney review your copyright registration application before you submit it. Taking this step will better ensure that your copyright application is approved upon its initial submission.

It is worth noting that you can protect your app in a variety of ways beyond copyright protection. For example, elements of your creation may benefit from patent and/or trademark protection. An intellectual property attorney will be able to advise you of what steps you may need to take in order to better ensure that your rights are fully addressed in the event of infringement. The app marketplace is competitive, so this risk is increasingly becoming a reality for app developers.

Copyright is violated on a regular basis in the music, publishing and software industries. ANT Lawyers IP practice offers client in protecting and enforcing copyrights and similar intellectual property rights as following:

·        Advise legal matters of copyright and related rights in Vietnam and abroad;

·        Conduct searches and provide information on copyright and related rights, advice measures to protect copyright and related rights in Vietnam and abroad;

·        Complete the applications and file to register copyright and related rights;

·    Enforce the copyright and related rights, including investigation, supervision, negotiation, mediation, lawsuit initiation to handle infringement in Vietnam and oversea. 

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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Why is software copyrighted?

Copyright is the answer to a major problem: how do you protect something creative that took a lot of work to create, but very little to copy? That protection is important, because few people will, or even can, create something that other people want to enjoy, unless they have some reward at the end. This is especially true for software, where making an absolutely perfect copy is easy

Software Compliance Law Firm in Vietnam

Writing software is as creative as writing a book or movie. A lot of decisions and tradeoffs have to be made, and today software takes millions, even billions, of dollars to put together. As a society, we want to incentivize that work. Copyright provides the solution.

Example: Company A develops some new software. An engineer of company A makes a copy of the software and starts a new company selling the same software. Most people would consider such an action illegal.

Software is copyrighted because it represents the intellectual property of its creator, so it needs to be protected from being copied.

ANT Lawyers -  IP services in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam. We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

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Measures to Prevent and Ensure Administrative Sanctions of Software Piracy

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.

 

Copyright Enforcement Law Firm in Vietnam

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:

-An act of infringement of intellectual property rights is likely to cause serious loss and damage to consumers or society;

-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

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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