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 does copyright work?

The law says that only the creator of a work, or his heirs, and no one else, has the right to make copies of it. Thus “copyright.”

The creator can lease out that right, give it away, whatever, but it’s his.

Copyright in Vietnam 

All the complications (and there are many) result from deciding who the creator is, what constitutes a copy, and how long copyright should last. Especially what constitutes a copy.

As for how it works in practice, copyright infringement — that is, making a copy without the creator’s permission — is a civil offense, not a criminal one. (What you do with the copies may well be criminal, though, since they’re stolen property.) That means that you won’t be arrested for copyright infringement, but you can be sued, and if you lose the suit you will be ordered to pay the creator everything you made off the infringement, plus any damages the creator can show to his own use of the property, plus (if the copyright was registered) punitive (punishment) damages.

Source: Quora 

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How can I get copyright?

Copyright can be attained for any original expression of an idea or work. Remember the idea must be in a tangible form; this means that the work that you want to copyright must have a physical presence so that is can be represented to the examiner in that format.

Copyright in Vietnam 

What can be registered as Copyright?

The application for copyright can be made for the following works:

-Literary works such as books and poems

-Dramatic works and theatrical plays

-Cinematographic films and videos

-Original musical works and sound recordings, excluding any actions and words to be included while performing the musical work

-Artistic works such as paintings, photographs and technical drawings including architectural designs

Copyright Registration Process

Registration of copyright can be done through physical as well as through online method and the documents that you require to file the copyright application with the relevant authority are:

1.Work Copies

Copy of the original work that is to be submitted with the examiner (3 copies).

2.Applicant Details

The identity proof of the applicant that should include

-Passport

-Driving License

3. Address Proof

The applicant will have to submit the following as address proof of the applicant

-Utility bills(water and electricity bill)

-Passport

-Rent Agreement if residing in a rented premise.

The application for copyright protection goes through the following process:

1.Filing Application

-The process to complete the filing of the application process might take around 3 days.

-The applicant needs to submit the application with Form-XIV along with all the documents and registration fee.

-If you are submitting the form physically at the Copyright Office then, you need to submit the fee through a Demand Draft.

2.Objection

-The objection on the filed application is raised wherein the applicant has to provide answers to the examiner within the stipulated time period.

-The examiner can also call for a hearing wherein a decision to provide registration or not can be taken. The applicant will have to wait for a period of 30 days before the application is moved onto the next stage.

3. Examination

-Once the objections are cleared the examiner checks the application further for any discrepancies and errors.

-If the examiner finds any discrepancy with the application he will notify the applicant with a discrepancy letter and then the applicant will have to make a reply to the letter justifying the issues that are raised in the examination.

4.Registration

-Once the examination process is done with the applicant will receive notification from the examiner and from there on the person can use the copyright symbol along with his work.

 Source: Quora 

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Registering Copyright Services in Vietnam

Under Law on Intellectual Property of Vietnam, copyright means rights of an organization or individual to Work which such organization or individual created or owns. In addition, the subject matter of copyright shall comprise literary, artistic and scientific works; the subject matter of copyright related rights shall comprise performances, audio and visual fixation, broadcasts and satellite signals carrying coded programs.

Copyright in Vietnam 

However, in fact, it is challenging to prove the owner’s copyright if there is no prior prepared evidence. A registration of copyright is the most important proof if violation or dispute happens. The copyright registration shall deter infringement, when owner can prove that the Work is protected under copyright law.

With highly professional staff and great experience in intellectual property aspect in Vietnam, ANT Lawyers would like to support you in registering and protecting your copyright and related rights in Vietnam as following:

Our services in copyright registration

-Provision of professional opinions and advice in relation to registration of copyright and related copyright;

-Advising, preparation, drafting, filing and prosecution of registration of copyright and related copyright;

-Provision of professional opinions and advice in relation to license and assignment of copyright and related copyright;

-Appeal and cancellation;

-Proceedings before the judicial authorities.

How to register a copyright or related rights in Vietnam?

Condition of copyright registration

A Work shall be registered its owner’s copyright if it does meet the following conditions:

-The ideas of the Work shall be presented particularly in a visible material

-The Work shall be original (Be made directly by the author without copying from any other works or people).

Required information and document

-Original Power of Attorney (POA) from the Applicant;

-Information of the author such as: Full name, Identify Card Number, Current address, permanent address; …

-Information of the Works such as: Name, the date of publication (if any), the place of Publication (if any); …

-Business registration certificate or establishment certificate (if applicant is association or organization);

-Written promise of being ownership of the work of the applicant;

-Some other specialized document with each specified aspect.

Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.

 Duration of copyright protection

-The following rights are protected forever:

-Right to give titles to their works.

-Right to attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used.

-Right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.

The following rights are protected within the stipulated duration in law

-Right to make derivative works;

-Right to display their works to the public;

-Right to reproduce their works;

-Right to distribute or import the original or copies of their works;

-Right to communicate their works to the public by wireless or landline means, electronic information networks or other technical means;

-Right to lease the original or copies of cinematographic works and computer programs;

-Right to reproduce their works.

The protection duration of each type of Work with the above rights shall be different. In particularly, cinematographic works, photographic works, stage works, applied art works and anonymous works shall have a term of protection of fifty (50) years as from the date of first publication. Other work shall be protected for the whole life of the author and for fifty (50) years after his or her death.

ANT Lawyers -  A Law firm 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.

We assist our clients in all steps of the prosecution phase of IP management.

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If I bought an original work from an artist can I copyright it since the original work and character now belongs to me?

First off, you can’t copyright it because it’s already copyrighted. Under modern law, copyright exists the moment a work is set down in a permanent form. It is possible for the owner of the copyright to then register that copyright, but that is not what creates the copyright.

Copyright in Vietnam 

Second, buying a physical version of a work does not give you the copyright. It doesn’t matter whether that version is the original, or even if it’s the only version. You still don’t get the copyright. The only way you can get the copyright is to buy the copyright. In order to transfer the copyright to you, the owner must do so explicitly in writing, and it must be signed. The only thing you get by buying a physical version of a work is that particular physical version.

Source: Quora

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What is difference between copyright and patent?

When an individual or business creates something new, it Is important to protect that unique design, product, logo, name, art or work of authorship. Most individuals and businesses are aware that legal protections exist for new inventions and creations. But not everyone is sure exactly what kinds of protections they need in order to ensure that other individuals and businesses do not infringe upon the fruits of their labor. Though both are popular and well known, what is the difference between copyright and patent?

 Vietnam patent 

Thankfully, experienced intellectual property attorneys are generally happy to help both individuals and businesses navigate the process of protecting their inventions and creations. If you have produced a new and unique product, design, piece of art, etc. please consider asking a lawyer with specialized intellectual property knowledge to aid you in submitting the legal paperwork required in order to obtain any protections your work may be eligible for under the law. Depending on the nature of your creation, these protections may include copyrights and/or patents.

What Falls Under Copyright Protection?

Unlike patents, which protect physical inventions, new designs for existing products and certain discoveries, copyright protection coversoriginal works of art and authorship when expressed in tangible mediums. Literary, artistic, musical and dramatic works of art are protected via copyright. In addition, computer software and architecture may be protected by copyright as well.

An important difference between copyright and patent is that copyright protections are granted automatically. You do not need to file for a copyright per se, as copyright protections apply, “the moment (a work) is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device” according to the U.S. Copyright Office. However, you cannot generally file suit protecting your work against infringement unless your copyright has been registered with the USCO. The USCO highly recommends registering one’s artistic work because absent this process, copyright protections cannot generally be effectively enforced.

What is Covered by Patent Protection?

 There are three primary kinds of patent protectionavailable to businesses and the general public. Plant patents protect new asexually reproducing plant species and hybrids. Utility patents protect new products and processes, while design patents protect new design elements integral to existing manufactured products or processes. In general, works eligible for patents are novel, non-obvious and useful, but some exceptions to this rule may apply.

It is worth noting that unlike copyright protections, no patent protection is granted automatically upon the creation of a product or process. Therefore, it is imperative that inventors and businesses formally apply for patent protection as soon as their work is prototyped and capable of reproduction.

Consult an Intellectual Property Attorney

 If you are interested in registering a work of art or authorship or patenting a product, process, design or discovery, please consider reaching out to an knowledgeable intellectual property attorney in Vietnam. We have extensive experience aiding both individuals and businesses in obtaining the intellectual property protections that their works are eligible for. The registration process and patent application process are detailed and are often difficult to navigate. Filling out even a single section of paperwork incompletely or incorrectly can result in rejection. Let our team help you get this process right the first time around in order to better ensure that your work is safeguarded from infringement as soon as it becomes eligible for protection.

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How do I make a secure copyright image?

I only can offer a perspective under US law. Three things you can do to help you enforce your copyright interest in a phone.

Copyright in Vietnam 

Register the photo with the US copyright office. You now can do it online.

Put a copyright notice on it. For example, (c) 2018 Your Name, or “Copyright 2018 Your Name.” You are not required to register with the US Copyright Office to use the notice.

Put a watermark on it. Best approach, a watermark with your copyright notice.

Keep in mind that these steps will not provide 100% full protection against infringement. But these steps will put others on notice that you assert a copyright interest in your photos, and you will be in a stronger position in the future to protect your rights.

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What is Intellectual Property?

IntellectualProperty is the product of your thinking that can be used for commercial value. In other words, you think of a song and write down the words – you have the legal right to prevent others from copying or making a song based on your lyrics. This right you have can make you money if someone is willing to pay you for your song. Maybe your boss asked you to write a computer program. Who owns the work? You may have designed a new mouse trap and have the design on computer. Or you have created a distinctive logo for your company. But Intellectual Property goes deeper than songs or even copyrights. Let’s examine the four main areas of Intellectual Property law: Trade Secrets, Copyrights, Trademarks and Patents.

Trade secrets give the owner a competitive edge. If some information has value to competitors and they don’t know about it – then it’s a trade secret. If the information was not kept reasonably safe (secret) then it’s not a trade secret. Trade secrets may be sold with the business or stolen from bad employees. Maybe a former employee didn’t sign a non-disclosure statement before going to work at the competition. Some also reverse engineer software to gain the source code. This highly protected source code for computers is their trade secret, giving them an advantage over the competition. The trick is you have to keep your trade secrets as such, secrets.

Copyrights protect all kinds of writing by singers, writers, programmers, artists, etc… These are the best known of all intellectual property. Registering with the US Copyright office can enhance the automatic protection. You must have your copyright material on paper, tape, or computer. Copyright protection applies to the “literal expression.” It doesn’t protect the “underlying” theme of the writing. It must have some creativity. You can’t copyright a simple list. You don’t actually have to have a copyright notice since March 1st, 1989. The recommended notice is “copyright” year author’s name. For example, this article will have a copyright. Copyright 2005 Stuart Simpson. But it is not necessary.

Trademarks must be aunique name, design, symbol, logo, color, container, etc…that businesses use to distinguish their goods from others in the same market. You should have a strong name for a mark, as common words receive less protection. Like Stuart’s Cold Ice Cream Company. My name and the descriptive term (cold) are weak marks. But a distinctive name like Netflix, is a strong mark. Netflix is technically a “service” mark. It falls into the same category as trademarks. Your trademark must be submitted to the US Patent and Trademark Office (PTO). But first, the mark must be put into use “in commerce that Congress may regulate.” This means you have to sell across state lines or have a business that caters to interstate or international travelers. After you do this, you can file another form to show the mark is actually being used. The PTO checks for similar marks. You can’t use the circled R just yet. You can only use this if your logo or mark has been registered.

Patent law givesinventor of new and special invention the right to use this invention for a fixed period of time. The US Patent and Trademark Office (PTO) must find that the invention qualifies for patent protection. Your invention has to be new and novel, not obvious. What do you do with a patent? Normally, the inventors get a license agreement with a company to produce the product for a period of time. In exchange, the company pays the inventor royalties for each item sold.

Intellectual property goes further in depth on each of these items. I wanted to give you a brief description to help broaden your knowledge base when writing, creating or inventing. If your work falls into one of the above categories, do more research. I will be writing on each specific area in the future.

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers IP Practice or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +8424 32 23 27 71

Author:Stuart Simpson

Source:.Articlecity.com 

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Copyright – What Can You Protect?

The legal protection known has “copyright” has come front and center over the past few years with major legal rulings regarding peer-to-peer networks on the Internet. Copyright protection, however, can be a confusing area of the law. This article details what can and cannot be protected by copyright. 

Copyright Protection? - Yes

Copyright protects "original works of authorship" in a tangible, fixed form of expression. The material does need to be directly perceptible as long as it can be expressed with the aid of technology. A good example of this is a movie, which requires a projection device of some sort.

Materials that can be copyrighted include:

1. Literary works;

2. Musical works, including any accompanying words

3. Dramatic works, including any accompanying music

4. Pantomimes and choreographic works

5. Pictorial, graphic, and sculptural works

6. Motion pictures and other audiovisual works

7. Sound recordings

8. Architectural works

Each of these categories is traditionally given a very broad reading. For instance, “literary works” include computer programs and plans for building a home are considered "pictorial, graphic, and sculptural works." While copyright cuts a broad path, it doesn’t cover everything.

Protected by Copyright? – No

If a work is not tangible, copyright protection will not apply. This can lead to confusion, so here are a few categories not eligible for protection from copyright:

1. Works that are not fixed. For example, the statements made by experts at a round table discussion or a comedian’s stage act.

2. Titles, names, short phrases, and slogans. These materials may be eligible for patent protection.

3. Ideas, procedures and methods.

Copyright protection is a valuable intellectualproperty tool.  If it all possible, copyright the material you produce to prevent others from misusing it.

Author:Richard A. Chapo

Source: articlecity

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