Therefore, before 1986, the establishment and protection of copyright in the field of literature and art was almost "a vacant land". Authors - owners of literary and artistic works only received basic royalties once, while the widespread distribution and performance of literary and artistic works were all for the public, and creative entities enjoyed insignificant economic benefits from their products.
From 1986 until now, when the regulations on copyright have been built and completed, copyright is not simply royalties but it includes all other spiritual and material rights for the author - the owner of the work.
In addition to protecting authors, the law also extends protection to performers, producers of tapes, audio, video tapes, radio and television organizations, etc., called related rights. Since then, legal regulations on copyright have played an active role in promoting creative activities in literature, art and science, encouraging and motivating the movement of research and creation of literary, artistic and scientific values.
Copyright is protected on the principle of automatic protection, without having to go through any other administrative or judicial procedures or conditions.
The principle of automatic protection is stipulated in Clause 2, Article 5 of the Berne Convention and Article 754 of the Civil Code on the time of arising of copyright. The content of this principle is that copyright will arise and be protected immediately at the time when the intellectual creation of the authors is expressed in a certain material form and the law protects copyright for all intellectual products regardless of genre, form of expression as well as the value of the creation.
This characteristic allows to distinguish between copyright and industrial property rights. The owner of industrial property rights must go through an administrative procedure to be granted a certificate of protection, from which the industrial property rights are protected under the name of the grantee. On the contrary, a person only needs to express his intellectual creation in a certain material form protected by law, then the copyright immediately arises without having to register to establish copyright at state agencies. However, Article 762 of the Civil Code also provides for the case where the author has the right to register copyright at a competent state agency. This procedure is not mandatory, but the certification of competent state agencies is evidence to determine who is the owner of the copyright in case of dispute, the person granted the certificate does not have to prove that he is the owner of that copyright.
For all types of written and published works, there must be a procedure for depositing copyright. This is a mandatory administrative procedure but does not affect the principle of “automatic protection” for copyright.
Due to the nature of copyright being based on the principle of automatic protection, the number of copyrighted works is still too small.
Currently, the total number of members of the Art Associations under the National Committee and the Vietnam Literature and Arts Associations is over 11,000 members, not including members of the Art Associations of localities, provinces, and centrally-run cities who are not members of the Central Art Associations. Since the first work was registered until December 31, 2005, the Copyright Office has only granted copyright registration certificates to 9,722 works out of a total of 19,000 authors and registered works (in which the number of authors and works granted copyright certificates is still the largest in the North).
Table 7: Copyright registration from 2000 - 2005
Year
Total number of authors and works certified | North | Southern | |
2000 | 337 | ||
2001 | 522 | ||
2002 | 1043 | 774 | 269 |
2003 | 1238 | 932 | 306 |
2004 | 1624 | 1266 | 358 |
2005 | 2062 | 1583 | 479 |
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Linking the Issue of Intellectual Property Rights Protection with the Protection of National Interests, Serving the Socio-Economic Development Goals of the Country -
Protection of performers' rights under Vietnamese intellectual property law - 12 -
Strengthening the Propaganda and Education of Laws on Intellectual Property Rights Protection -
Protection of related rights under Vietnam Intellectual Property Law - 9 -
Protection of industrial property rights for collective trademarks under Vietnamese Intellectual Property Law - 2
Source: Copyright Office.
Copyright owners directly register for 2/3 of the total number of copyright certificates issued, the remaining 1/3 through copyright service organizations.
The most registered types of works have always been written works, but in the past 5 years, applied art works have had the highest number of registrations and have tended to increase, because this is a case of "dual" protection. In fact, the art forms presented on consumer works in the applied art category are already protected under the provisions of copyright law. However, logos representing the images of product brands are protected under industrial property rights.
The number of audio and video programs of music and theater, and films in the last 5 years has been on a downward trend, especially in the last 3 years, with almost no copyright registration. Currently, the whole country has over 40 centers producing audio and video programs, music and theater, and 26 film studios, including studios under the Ministry of Culture, Information and Communications.
companies not directly under this Ministry [16]. Every year, the above units have produced many music, stage and film programs to promptly serve political tasks. Investment and ordering policies have contributed to creating a synchronous mechanism to promote creative activities. However, in recent years, the number of tape and disc programs has also decreased significantly compared to previous years because copyright protection is difficult. The main reason is the smuggling, illegal printing, circulation and trading of pirated tapes and discs.
For textbooks, the number of books, textbooks , etc. registered for copyright protection is still too small compared to the number of books published. Some publishers such as the Education Publishing House believe that publishing textbooks is their exclusive field, so there is no need to register for copyright protection and related rights. The number of textbooks and textbooks registered for copyright protection is mostly written by individual authors who then register copyright to be published.
The number of written works registered and granted copyright protection certificates also tends to increase. For example: In 2002, there were 98 works, in 2003, there were 187 works, but by 2005, it had increased to 385 works. This shows that authors are increasingly concerned about copyright protection.
Vietnam still lacks organizations with sufficient capacity to act as a focal point between research institutes, universities and enterprises to effectively exploit the commercial aspects of intellectual property rights. Vietnam also lacks organizations capable of determining the value of intellectual property assets to help enterprises and creators negotiate with each other smoothly when signing contracts with foreign partners. Currently in Vietnam, there are about 20 companies and organizations licensed to provide services related to intellectual property rights. The reason for the need for permission is because when
Providing intellectual property services, these units must pass exams to achieve professional qualifications in this type of "intangible asset" to protect the interests of customers, ensure fair competition and minimize possible occupational risks. In fact, these service organizations have contributed significantly to the results of intellectual property activities in the past 10 years. Most effective businesses have intellectual property consulting services from these organizations. These are companies such as Invenstip, Invenco, Invenstconsult ... For private authors, when using intellectual property rights in Vietnam, there are still many difficulties: New products made by Vietnamese intellectuals face competition from products copied, photocopied, translated, and adapted from foreign documents. Therefore, genuine scientists find it very difficult to sell their products or can only sell them at very low prices, completely unworthy of the effort. Even some potentially profitable works, such as computer software and textbooks, are freely copied without any payment to the author or producer.
2.2. Status of intellectual property infringement in Vietnam
According to the “Report on the results of monitoring the current situation of intellectual property enforcement in our country” by the Committee for Science, Technology and Environment submitted to the National Assembly in April 2005: Currently, Vietnam has not conducted any comprehensive investigation on the situation of intellectual property rights infringement. We have not yet established a monitoring system on this situation, so there is no accurate and complete data, although intellectual property rights infringement is very common in all types of goods sold on the market.
2.2.1. Status of infringement of industrial property rights
The most common form is counterfeit goods, imitation goods, and infringement of trademarks of businesses. Reputable goods are often counterfeited the most. According to the presentations at the national conference on intellectual property rights enforcement in Vietnam (September 2004), violations of industrial property rights are becoming increasingly serious with increasing levels and scales.
Table 8: Number of cases of industrial property rights violations.
Five Opposites
statue
1994 | 1995 | 1996 | 1997 | 1998 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 | |
SC- GPHI | 1 | 2 | - | - | - | - | - | 2 | 9 | 23 | 33 | |
Industrial Park | 6 | 14 | 39 | 32 | 20 | 41 | 58 | 93 | 43 | 43 | 65 | |
NHHH | 41 | 36 | 85 | 124 | 219 | 110 | 118 | 198 | 282 | 260 | 306 | |
Total number | 48 | 52 | 124 | 156 | 229 | 151 | 176 | 293 | 399 | 326 | 404 | 774 |
Source: Department of Intellectual Property.
In Hanoi market alone, in February 2004, Hanoi Market Management Department inspected and handled Truong Hai Company Limited for importing a shipment of 13 thousand bottles of COBEMCKE - MANHCKOE brand champagne that imitated the brand of G & S Group (Bulgaria). The shipment was produced in Russia but transported through Germany to fraudulently enjoy preferential tax of the EU. In August 2004, through inspection of 4 ink trading companies, it was discovered that all 4 companies had 100% of ink sold under the EPSON, HP, CANON brands smuggled from China using fake packaging and labels originating from Japan [32].
In the first 5 months of 2004, Hanoi market management forces discovered 185 cases of medium and large scale counterfeit goods, of which 80% were violations of industrial property rights, an increase of 200% over the same period in 2003.
In fact, that number is much larger. According to the assessment of the current industrial property management agencies in Vietnam, the highest rate of disputes over trademark infringement is about 80%, industrial design infringement is 15% and patent infringement is 5%.
The infringement occurs on almost all types of goods from high-value luxury goods such as perfumes, cosmetics, fashion to household goods, electronics, technology, machinery, and even goods that seriously affect human health such as food and medicine are counterfeited in terms of quality as well as labels and appearance. These products are present everywhere from urban to rural areas, remote mountainous areas. They are sold in small stalls in markets to modern supermarkets.
First of all, let's talk about using products that have been protected by industrial designs for others to sell on the market: Counterfeit goods.
For example: TC. Pharmacentical Company produces energy drinks with the trademark “Invisible Redbull” which is protected in Vietnam. A Vietnamese company A also produces energy drinks and attaches the trademark “Redbull” and the image of two bulls butting each other on its products, which is the same as the packaging of TC.Pharmacentical’s energy drinks. Company A was suspended from production by the Department of Science and Technology and the Market Management Department of Hanoi City and was administratively fined 20 million VND.
In Hanoi on August 16, 2004, the anti-counterfeit team of the economic police department coordinated with representatives of Honda company to conduct inspections at 4 locations.
The inspection of the motorcycle sales stores and assembly facilities showed signs of violating the industrial property rights of Honda Company. The results identified 145 motorcycles with 11 different brands such as HANSOM, WARM, ORIENTAL, DMCM, LISOHACA, GUIDA, WAYTHAI, EMPIRE, MAJESTY, FAMIM and
VECSTAR, the infringement of the exclusive protected design of Honda company [32]. Binh Tay Import Export Joint Stock Company collected up to 60 fake Casio calculator models - sold at only 25% of the price of genuine products [46].
According to statistics from the Economic Police Department - Ministry of Public Security from 1990 - 2002, the whole country discovered 39,390 cases of intellectual property infringement causing damage of more than 10,288,797 million VND and 7,002 other economic crime cases with seized goods worth 4,039,907 million VND.
At the workshop “Information support program and guidance for consumers of genuine goods” organized by Nguoi Lao Dong newspaper and Saigon - Nguyen Kim shopping center. Mr. Nguyen Nam Vinh, head of the Southern consumer complaints office, said that the statistics of annual complaints related to electrical appliances are increasing. Specifically: in 1998, the number of complaints of this type was 27%, in 2001 it increased to 36%, in 2002 it was 40%, in 2003 it was 52.5%, in the first 6 months of 2004 alone this number was 29%. The most complained about items are computers, televisions, air conditioners, refrigerators. Even Mr. Vinh was surprised because the reality shows that counterfeit goods are produced so sophisticatedly that even the manufacturers cannot distinguish between fake and genuine goods. November 2004 at 185/12 Ly Thuong Kiet (District 11). Team 11B of Ho Chi Minh City market management discovered Mr. Nguyen Tat De organizing the production and assembly of televisions from components that were