HANOI NATIONAL UNIVERSITY FACULTY OF LAW
TRUONG THI TUONG VI
COPYRIGHT PROTECTION
FOR COMPUTER PROGRAMS UNDER VIETNAMESE LAW
MASTER'S THESIS IN LAW
HANOI NATIONAL UNIVERSITY FACULTY OF LAW
TRUONG THI TUONG VI
COPYRIGHT PROTECTION
FOR COMPUTER PROGRAMS UNDER VIETNAMESE LAW
Major : Civil Law
Code : 60 38 30
MASTER'S THESIS IN LAW
Scientific supervisor : Dr. Tran Le Hong
INDEX
Page
Cover Page Pledge Table of Contents
List of abbreviations List of tables
INTRODUCTION 1
Chapter 1 : SOME THEORETICAL ISSUES ON RIGHTS PROTECTION 7
AUTHOR FOR COMPUTER PROGRAM
1.1. General overview of computer programs 7
1.1.1. History of development and role of computer programs 7
1.1.2. Concept of computer program 12
1.2. Copyright protection for computer programs 15
1.2.1. Approach and concept of copyright for chapter 15 computer programs
1.2.2. Basic characteristics of the author's book for chapter 17 computer programs
1.2.3. The development of copyright protection for computer programs in the world
1.2.4. Vietnamese law on copyright for computer programs 21
1.2.4.1. Before the promulgation of the 2005 Civil Code 21
1.2.4.2. After the Civil Code 2005 was promulgated 23
1.2.5. International law on copyright in computer programs 27
1.3. Content of copyright protection for computer programs 30
Chapter 2 : BASIC CONTENTS OF RIGHTS PROTECTION 34
AUTHORS FOR COMPUTER PROGRAMS UNDER VIETNAMESE LAW AND IMPLEMENTATION PRACTICE
2.1. Components of copyright for chapter 34
computer programming under Vietnamese law
2.1.1. Computer programs - Objects of protection 34
2.1.2. Subject of copyright for computer programs 35
2.1.2.1. Author of computer program 35
2.1.2.2. Copyright owners of computer programs 38
2.1.3. Conditions for copyright protection for computer programs and protection mechanisms
2.1.3.1. Conditions for protection of computer programs 40
2.1.3.2. Protection mechanism 41
2.1.4. Copyright content for computer programs 41
2.1.3.1. Content of personal rights 42
2.1.3.2. Content of property rights 43
2.1.4. Duration of copyright protection for computer programs 50
2.2. Measures to protect copyright for computer programs 51 and the current status of application since the Law on Intellectual Property
Wisdom issued to date
2.2.1. Measures to protect copyright for computer programs 51
2.2.1.1. Civil remedies 51
2.2.1.2. Criminal measures 53
2.2.1.3. Administrative measures 54
2.2.1.4. Border control measures 55
2.2.2. Practical application of copyright protection measures for computer programs
Status of copyright infringement of computer programs globally in the 5 years 2005-2009 | 56 | |
2.2.2.2. | Status of copyright infringement of computer programs in Vietnam in the 5 years 2005-2009 | 58 |
2.2.2.3. | Practice of implementing and applying measures to resolve civil disputes and handle criminal cases in protecting copyrights for computer programs at the People's Court | 60 |
2.2.2.4. | Practice of enforcement and application of administrative sanctions in protecting copyright of computer programs | 63 |
2.2.2.5. | Practice of enforcement and application of border control measures in the protection of copyright in computer programs | 65 |
2.2.2.6. | Practices of protecting open source computer programs | 65 |
Chapter 3 : SOME RECOMMENDATIONS TO IMPROVE THE LAW | 68 | |
ACT ON THE PROTECTION OF COMPUTER PROGRAMS AND | ||
IMPROVING THE EFFECTIVENESS OF IMPLEMENTATION OF MEASURES |
Maybe you are interested!
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Recommendations for Improving the Law on Copyright Protection for Folk Literature Works -
Copyright protection for folk literature works under Vietnamese law - 1 -
Copyright protection against infringements from the internet in the world and in Vietnam - Analysis from the perspective of human rights - 14 -
Duration of Copyright Protection and Limitations on Copyright -
International Cooperation in Management and Enforcement of Copyright Protection
PROTECT
3.1. Recommendations for improving the law on copyright protection for computer programs
3.1.1. The need to enact a separate law on the protection of intellectual property rights for computer programs
3.1.2. Perfecting current legal regulations on copyright for computer programs
3.2. Main recommendations for implementing measures to protect copyright 74 for computer programs
3.2.1. Improve the capacity to inspect and handle acts of copyright infringement of computer programs.
3.2.2. Raising awareness of agencies, organizations, businesses and 76 users
3.2.3. Improving the Court's adjudication capacity in resolving disputes and trying criminal cases of copyright infringement.
fake for computer program
3.2.4. Tightening border and internet control mechanisms in 79 areas of copyright for computer programs
3.2.5. Strengthening international cooperation in protecting and defending the rights of 79 authors of computer programs
CONCLUSION 81
LIST OF REFERENCES 83
LIST OF ABBREVIATIONS
BLDS : Civil Code
CTMT: Computer program MDT: Computer
PMMT : Computer software QTG : Copyright SHTT : Intellectual property
List of tables
Table name | Page | |
board | ||
2.1 | The situation of violations of the law on intellectual property in the world over the 5 years 2005-2009 | 57 |
2.2 | Situation of violations of the law on intellectual property in Vietnam over the past 5 years 2005-2009 | 58 |