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:
-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
How ANT Lawyers Could Help Your Business?
To
learn more about ANT Lawyers IP Practice or contact our Intellectual Property Lawyers in Vietnam for advice via email ant@antlawyers.vn or
call our office at (+84) 24 32 23 27 71
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