education and enforcement. The government also hopes that warning signs or blocking access to social networking sites for Internet copyright infringement will be a measure that can significantly reduce such acts. However, in addition, the government also has coercive measures such as requiring Internet service providers to have their own technological measures. User account auditing may be a reasonable option for serious copyright infringement.
3.3.4 Lessons for Vietnam
There are similarities in the measures taken in the UK and France, but lessons from the UK can be drawn from the tripartite approach to coordination between state management agencies, network service providers and copyright commercial representation centers. It is clear that in Vietnam, the activities of copyright representative centers are still quite isolated and there is no regulation for coordination with other focal points in a reasonable manner.
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3.4. Experience in handling copyright infringement via the internet in Australia
3.4.1 International cooperation experience
Due to the serious situation of copyright infringement via the Internet, lawmakers have amended the law many times. And the most recent amendment was passed by the Australian federal parliament in 2006. The law was amended in response to the requirements of the US-Australia Free Trade Agreement and amended the main provisions on the law against invalidating copyrighted works on the Internet. The amended law is similar to the US DMCA although the provisions are not identical. This is a positive move that encourages authors to take measures to protect themselves using technology. In addition, the amended law also adds provisions for copyright infringement.
Internet copyright infringement such as increased liability for copyright infringement and an Internet copyright infringement alert system. The penalties for each Internet copyright infringement vary according to the severity of the infringement and the damage and can be up to $60,500 for individuals and $302,500 for organizations or a 5-year prison sentence or both. In addition, the police are the authority that can issue an on-the-spot fine of $1,320 for a detected Internet copyright infringement. An example of a copyright infringement case against an Internet cafe in Sydney resulted in a fine of $82,000 and the confiscation of the cafe's computer equipment. This cafe was accused by the Australian court of pirating music and television shows and even downloading and selling 60 GB hard drives on the machine so that customers could transfer and take away the content of the infringed works. This case was discovered by the Australian Federation Against Copyright Infringement (AFACT), the Australian Music Copyright Infringement Investigation Bureau (MIPI) in collaboration with the Australian Federal Police (AFP) from December 18, 2007 at an Internet cafe at 391 Pitt Street, Sydney. AFACT and MIPI investigated and confirmed that this cafe had charged customers by the hour to watch illegally downloaded movies and music stored on the cafe's computers and especially sold storage devices with a capacity of up to 60 GB, equivalent to more than 40 movies and hundreds of music files including unreleased movies and music.
3.4.2. Lessons for Vietnam
Like many other countries, Vietnam participates in many international conventions as well as bilateral treaties in the field of intellectual property protection. Although Vietnam's Intellectual Property Law stipulates the priority of applying regulations according to international treaties to which Vietnam is a member, in reality there are almost no references to replace legal regimes.
national law. This is a difficulty in handling violations where the subject is an individual or legal entity abroad. Therefore, it is necessary to consider and reasonably apply multilateral and bilateral treaties in the context of current international integration, not simply using the provisions of national law.
3.5. Solutions to promote the protection of copyright and related rights on the Internet in Vietnam
Through the experiences of some of the above countries, we can summarize some lessons for Vietnam in preventing and handling acts of copyright and related rights infringement on the internet as follows:
Firstly , regarding education and propaganda to raise awareness of respecting intellectual property rights in general and copyright and related rights in particular, it is necessary to actively shift the focus of propaganda work to groups of internet users who are the groups most likely to infringe rights through forums and advertising banners inserted directly on websites.
Second , on the part of copyright owners, it is necessary to quickly access self-protection measures, especially technological measures that are highly effective and proactive in preventing infringements when established. For example, authors can establish rights management information measures themselves or through businesses and organizations, as the US experience; or directly cooperate with technology companies to carry out measures to prevent illegal searches related to their works.
Third , in terms of perfecting the law on protecting copyright and related rights on the internet in particular and intellectual property rights in general, there needs to be stronger sanctions to create a high deterrent effect against acts of infringement, especially the possibility of increasing the penalty for specific infringements.
Particularly for violations via the internet, more severe sanctions can be applied because violators have better access to science and technology, better access to the law but still commit violations, which will bring injustice to other subjects who do not have access. Although a basic principle of international human rights law is equality before the law. However, the interpretations of the Convention Committee have also emphasized that the equality mentioned in the conventions is not the leveling of values but must be based on equality in the ability to access and exercise rights. It is clear that violators of rights via the internet environment have better objective conditions to know that it is a violation of the law but still deliberately commit it to seek material or spiritual benefits. Therefore, the measure of increasing deterrence is both a preventive measure and an effective preventive measure.
Fourth , for copyright and related rights representative agencies, there must be a mechanism for proactive coordination with state management agencies as well as with network service providers. As a representative of the ownership of rights, entrusted with a part of the responsibility by the authors, these agencies should not work passively, leaving infringements to chance and only act when requested by the parties involved. Specifically, these agencies can work with network service providers to implement measures to prevent the provision of intellectual property products on the transmission line or electronic warning measures. In working with state agencies, the role of representative agencies is also clearly demonstrated because they often have a better grasp of legal regulations than the authors.
Fifth , there should be binding sanctions for network service providers to require these businesses to respect the content posted, transmitted and downloaded through the services provided by the network operators themselves to users. It is clear that the market economy in Vietnam
Vietnam leads to fierce competition among network providers, which leads to many network providers, in order to attract customers, being lax in setting up and managing transmission lines to users. This is a reality that needs to be overcome and measures to bind legal responsibility for network providers are appropriate.
Sixth , on the mechanism for implementing rights protection. This is considered the weakest link in the rights protection system in Vietnam with the current situation of weak professional capacity of officials that does not meet practical requirements. Along with that is the lack of coordination between relevant units. In many cases of violations, a series of units jointly verify, investigate, and handle violations, but in many cases, responsibility is pushed aside and evaded, leading to a decline in trust in the forces implementing rights protection.
CONCLUSION OF CHAPTER 3
Thus, measures to promote the protection and enforcement of copyright and related rights on the Internet in a number of countries around the world have been implemented in a diverse manner, giving Vietnam many options. Along with that, comparing with the practical context in Vietnam to propose a number of solutions for Vietnam in promoting the protection and enforcement of copyright and related rights in the era of strong development of the Internet today. The implementation of the solutions mentioned in this chapter for Vietnam is not difficult, but it still needs to be carried out step by step to achieve the highest efficiency that these measures bring. In addition, the implementation of each solution also needs a roadmap and testing to evaluate each specific stage.
CONCLUDE
The entire thesis is a process of researching and analyzing the issue of copyright and related rights protection against infringements on the internet from the perspective of human rights law. In particular, the thesis also provides specialized knowledge of international human rights law on the protection of copyright and related rights to affirm that copyright and related rights are basic human rights that have been internationally recognized, especially clearly shown in the Universal Declaration of Human Rights 1948 and the International Covenant on Economic, Social and Cultural Rights 1966 of the United Nations. Along with the new trend of human rights law, increasing attention to the role and challenges from the internet environment has contributed to affirming that the protection and promotion of the enforcement of copyright and related rights against infringements on the internet is a natural need, in line with the laws of human development and especially of great significance to developing countries like Vietnam.
In addition to analyzing copyright and related rights from the perspective of human rights law, the thesis also provides the context of the current situation of copyright and related rights infringement on the Internet in Vietnam, studies solutions from some typical countries such as the United States, England, France, and Australia, thereby making recommendations on solutions that can be effectively applied in Vietnam, suitable to the economic, cultural, and social context of Vietnam.
At the end of this thesis, the author also wishes to continue researching other specific human rights in civil, political, economic, social and cultural aspects to further clarify the importance of the mechanism of access to rights based on the law on natural human rights.
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