Copyright protection in the digital environment under Vietnamese law

Chapter 3

SOME RECOMMENDATIONS TO IMPROVE THE LAW

ON COPYRIGHT PROTECTION IN THE DIGITAL ENVIRONMENT AND IMPROVING THE EFFECTIVENESS OF IMPLEMENTATION OF PROTECTION MEASURES

Copyright protection is not a problem for any country. However, for our country, copyright protection is a difficult and difficult problem. It is not by chance and not only to integrate with the international community in the field of copyright protection, but also because of social reality and the need for social management tools to manage and protect copyright, so our country has built and promulgated many legal documents to protect intellectual property rights in general and copyright protection in particular.

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In addition to the Decrees and Circulars guiding the implementation of the Law on Intellectual Property, the Government has issued Decree 47/2009/ND-CP dated May 13, 2009 and No. 109/2011/ND-CP dated December 2, 2011 amending and supplementing a number of articles of Decree 47/2009/ND-CP regulating administrative sanctions for violations of copyright and related rights. These documents have provided many measures to handle, remedy consequences, and sanction acts of copyright infringement.

In the current context of our country, it is not feasible to completely prevent and eliminate copyright infringement, especially preventing copyright infringement in the digital environment. We can only find solutions to limit and reduce copyright infringement to the lowest possible level. Therefore, we would like to make some recommendations to improve the law on copyright protection in general, copyright protection in the digital environment in particular, and to improve the effectiveness of implementing protection measures as follows:

3.1. NEED TO IMPROVE THE LAW ON COPYRIGHT PROTECTION IN THE DIGITAL ENVIRONMENT

3.1.1. Originating from the need for international integration

With the policy of deep international integration, along with the process of innovation, Vietnam has gradually carried out international integration and has achieved many positive results. Vietnam advocates continuing to integrate more deeply and widely into the world, in order to create a greater impact on the country's socio-economic development.

It can be seen that the issue of perfecting the law on copyright protection in the digital environment is an important requirement contributing to promoting the enforcement of copyright protection in Vietnam; promoting creative activities of Vietnamese people to promote internal strength in the cause of industrialization and modernization of the country.

This can be considered a breakthrough in the awareness of our State in this field, opening a new stage in the process of international integration in copyright protection, which is considered a component of intellectual property rights, a type of intangible asset that is increasingly accounting for an overwhelming proportion of the value of goods.

The requirements for developing our country's knowledge-based economy require promoting international integration on copyright protection and copyright protection in the digital environment; taking advantage of opportunities brought about by the global process in terms of capital, knowledge, technology, organizational and management experience... to enhance endogenous capacity for scientific and technological creativity and literary and artistic creation.

3.1.2. Originating from the need to perfect the Vietnamese legal system

The legal framework for copyright and related rights protection in Vietnam has been gradually improved; in a short time, Vietnam has also joined many international treaties on copyright protection. The implementation of copyright in Vietnam is being respected.

To perfect the Vietnamese legal system on copyright protection in the digital environment, we need to focus on solving a number of issues:

Firstly, the law on copyright protection in the digital environment must regulate all social relations in both aspects of copyright and the digital environment, the Internet. At the same time, issues related to copyright protection must be regulated by law and guided in a specific and detailed manner.

Second, the legal system must be completed to demonstrate its unity. The law on copyright protection in the digital environment must be consistent with the Constitution and other legal documents, ensuring the unity of the entire legal system; there must be no contradictions, duplication or overlap; documents of lower levels must not be contrary to documents of higher levels, both in content and form.

Third, the content of the law on copyright protection and copyright protection in the digital environment must be consistent with the reality of social life. Reality shows that the regulation of social relations by law will not be effective if the law is not linked to reality. However, because copyright protection in the digital environment is a new issue for Vietnam, to a certain extent, the law on copyright protection in the digital environment needs to introduce breakthrough legal regulations to pave the way, build new social relations, and guide the development of copyright protection activities in the digital environment.

The development and improvement of laws on copyright protection must be conducted scientifically, in accordance with principles, authority, content and promulgation procedures.

3.1.3. Originating from the need to protect copyright for authors and copyright owners

Although inspection and handling of violations have been strengthened, copyright infringement still occurs in most fields from press, publishing, radio and television, music, cinema, theater to recording, satellite signals... In particular, the issue of copyright protection in the digital environment is emerging, as presented in the above sections, there are serious cases that have been brought to court and requested to be handled.

The Vietnamese legal system on copyright protection, especially copyright protection in the digital environment, needs to continue to be improved. However, it is basically synchronized and compatible with international treaties and national laws. However, the situation of copyright infringement is still complicated due to many reasons.

The most important and objective reason is that the general awareness of the community is at the stage of popularization, so the sense of respecting copyright is still at a certain level. In particular, individuals and organizations, although knowledgeable, still deliberately violate the law on copyright protection, which is a barrier to the effective enforcement of copyright in practice.

In the context of the increasingly developing internet, the issue of copyright infringement becomes more and more urgent. The situation of copyright infringement on the internet, the digital environment, including in the media is an issue that the whole world is concerned about. Most websites that do business in music, e-books, digital content, etc. that post works have not fulfilled their obligations to copyright owners.

They upload with many motives, maybe to get advertising money, or to serve consumers' downloads to make money, make profit, but do not pay royalties or remuneration to the copyright holder.

Websites also violate each other's rights, for example, using works and recordings from another website on their own website without agreement or permission from the author.

The problem of detecting and handling violations is also a challenge for enforcement agencies. Because this involves technology, it requires knowledge of network investigation, accessing the network to investigate copyright infringements, but the authorities have not yet reached out to meet the requirements of inspection and handling.

3.2. RECOMMENDATIONS FOR IMPROVING THE LAW ON COPYRIGHT PROTECTION IN THE DIGITAL ENVIRONMENT

3.2.1. The need to issue a legal document on copyright protection in the digital environment

The development and completion of the system of policies and laws on copyright and related rights must be identified as a top priority today, a breakthrough solution to create a legal corridor for effective management and enforcement of laws protecting copyright and related rights.

Copyright protection in general still has shortcomings arising from the specific characteristics of the digital environment as analyzed in Chapter II, so applying current copyright protection regulations to copyright protection in the digital environment is not appropriate.

3.2.2. Perfecting current legal regulations on copyright in the digital environment

On the basis of the above, the law on copyright protection in general and copyright protection in the digital environment in particular needs to be further improved to meet the needs of the current socio-economic development of our country. In addition to proposing the promulgation of a legal document on copyright protection in the digital environment, we recommend that

Complete current legal regulations on intellectual property and copyright protection.

Continue to improve the law on litigation for resolving intellectual property disputes, in order to create a convenient and quick resolution mechanism and ensure the legitimate rights and interests of intellectual property rights holders. It is necessary to enhance the role of resolving intellectual property disputes by civil measures, because intellectual property rights are a civil law institution, belonging to civil law relations. The current application of too many administrative measures or criminalization of intellectual property infringements is not really reasonable. In addition, the improvement of intellectual property content laws also needs to be focused on, ensuring transparency and clarity, avoiding the current situation of inconsistent assessments (even among intellectual property authorities), causing difficulties in resolving intellectual property disputes in court.

In addition, it is necessary to quickly promote the establishment of an organization for the appraisal of copyright and related rights to support competent authorities in resolving disputes, handling infringements, and resolving complaints and denunciations.

3.3. MAIN RECOMMENDATIONS FOR IMPROVING THE EFFECTIVENESS OF IMPLEMENTING COPYRIGHT PROTECTION MEASURES IN THE DIGITAL ENVIRONMENT

3.3.1. Improving the capacity to inspect and handle copyright infringements in the digital environment

It is necessary to strengthen inspection and examination of organizations, enterprises in general and digital content businesses.

Inspection and examination work plays a huge role in detecting and promptly preventing acts of copyright infringement in the digital environment.

digital. However, currently, copyright inspections are only carried out in large cities such as Hanoi and Ho Chi Minh City and only focus on a number of websites or businesses trading digital content. These activities need to be done regularly and implemented synchronously nationwide. In fact, through inspection campaigns, violations have been pushed back a step, but if they are not done regularly and synchronously, they will not be effective.

3.3.2. Raising awareness of agencies, organizations, businesses and users

To raise awareness of agencies, organizations, businesses and users of works and recordings, it is necessary to strengthen propaganda activities and educate legal awareness of copyright, especially the use of works online with the following measures:

Firstly , the dissemination and popularization of copyright can be carried out in many forms such as: talks, forums, contests, conferences, seminars... to raise awareness among the community, students, officials, civil servants and people about copyright, awareness of law compliance, rights and obligations of each subject in protecting copyright.

Second , incorporate copyright education into the general law course at university and college levels to raise awareness among students. Disseminate copyright in the most understandable way in books, newspapers, magazines, etc., especially using the Internet and digital environments to propagate and disseminate copyright laws, and publicize the damages caused by violations in the media so that users can see the importance of copyright protection.

Third , copyright protection associations and organizations regularly organize seminars, report on their activities, and are transparent.

Management work to strengthen prestige in society, create trust for members and orient people's awareness in copyright issues.

3.3.3. Improving the Court's adjudication capacity in resolving disputes and adjudicating cases of copyright infringement in the digital environment

Although it has developed quite early in developed countries, in Vietnam, the protection of intellectual property rights has only been of interest in the last 5 years, and the subject of intellectual property rights in the undergraduate law training system is still quite new. Therefore, most of our judges today have not learned about intellectual property rights in the university program, or only a very small part of the introduction, so our current team of judges still do not really have a solid grasp of knowledge and understanding of intellectual property rights in general and copyright, and that is also one of the important issues that need to be recommended to improve the effectiveness of copyright protection in the field of dispute resolution as well as the trial of criminal cases by the Court:

Firstly , it is necessary to increase the organization of training sessions and conferences on issues of resolving copyright disputes and copyright in the digital environment and consider it as a forum for officials and judges in the Court sector to exchange knowledge, raise difficulties and shortcomings in their case resolution work. In addition, it is necessary to encourage the team of judges to further develop their knowledge of IP through IP knowledge training courses such as industrial property representatives, IP training courses, etc. in the country and abroad to provide and update more knowledge.

Second , copyright protection on the Internet with its own characteristics in terms of science and technology, globalization, so the staff and judges of the court should exchange knowledge about foreign languages, information technology to update themselves with necessary information. Because intellectual property rights is a relatively complex field and

Copyright protection in the digital environment under Vietnamese law - 11

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