Vietnam's government has launched a nationwide campaign to combat intellectual property (IP) infringement, with a strong focus on pirated software and online content. On 6/5, the Copyright Office, under the Ministry of Culture, Sports and Tourism, issued a directive to businesses and individuals across various sectors, including computer programs, cinema, music, publishing, journalism, television, and electronic games. The directive explicitly prohibits the use of unlicensed computer programs and the unauthorized use of copyright and related rights for works, performances, sound recordings, visual recordings, and broadcast programs.
This initiative follows a directive from the Prime Minister on 5/5, which called for decisive measures to prevent and address IP infringement. The Prime Minister has instructed ministries, sectors, and localities to dedicate resources to a peak enforcement period from 7/5 to 30/5. The primary objectives are to tackle IP infringements and dismantle high-traffic pirated websites that offer films, music, electronic games, and television programs.
Businesses and individuals are mandated to review their operations to ensure full compliance with regulations concerning copyright and related rights. The campaign emphasizes strict adherence to the Intellectual Property Law.
Under the Intellectual Property Law, a computer program is defined as a set of instructions expressed in commands, codes, schematics, or other forms. When incorporated into a device operated by a computer programming language, it enables the computer or device to perform specific tasks or achieve particular results. Computer programs are protected as literary works, whether in source code or object code form.
Authors and copyright holders of computer programs have the right to agree in writing on the repair and upgrade of such programs. Lawful users of a computer program are permitted to make one backup copy for replacement if the original is deleted, damaged, or unusable. This backup copy, however, cannot be transferred to another organization or individual. If a computer program is provided as a service or through online platforms, the creation of backup copies must adhere to the terms of use or licensing agreements between the parties.
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Applications on the App Store. *Viet Tuan* |
Several key government bodies have been assigned specific roles in this enforcement drive:
- The Ministry of Public Security is tasked with leading and coordinating with other ministries and sectors to verify, investigate, and prosecute cases involving serious infringement of copyright, related rights, trademarks, and geographical indications. A critical part of their mission is to dismantle high-traffic websites and organizations operating online copyright-infringing platforms, especially those providing pirated films, music, mobile electronic games, and television programs in both Vietnamese and foreign languages.
- The Ministry of National Defense has instructed border guards and the coast guard to coordinate closely with the Ministry of Public Security and local authorities. Their role is to control and prevent infringements originating from borders and at sea.
- The Supreme People's Procuracy and the Supreme People's Court are to intensify the supervision, prosecution, and trial of intellectual property cases. Their objective is to ensure strict and lawful enforcement, focusing on exemplary cases to enhance deterrence.
- The Ministry of Culture, Sports and Tourism will inspect software copyright compliance in businesses and examine copyright for films, music, television programs, and electronic games in the online environment. It will also address or refer serious infringement cases for further action.
Vu Tuan
