Sanctioning for violations of computer software copyright

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.

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