International Cooperation in Management and Enforcement of Copyright Protection

No matter how well-established copyright law is, whether it is fully recognized and voluntarily enforced depends on the cultural level and legal awareness of authors, copyright owners, exploiters and users of works, the general public and officials and civil servants of competent state agencies.

Practice shows that many cases of copyright law violations are due to low cultural level and lack of legal knowledge of a part of the people. However, there are still a part of citizens with a certain cultural level, legal knowledge but low morality and personality who still deliberately violate the law, and have behaviors that are not in accordance with the requirements of the law.

In general, in a developed society, the increasingly improved cultural level of the people will create a basis for implementing legal education and raising people's legal awareness. Only with a certain cultural level can we absorb, perceive, improve our understanding of the law, build feelings and trust in the law and transform it into positive behavior in accordance with the requirements of the law. On the other hand, the improved cultural level and legal awareness of the people create a favorable basis for people to participate in monitoring activities and social criticism of the state management of state agencies and state officials and civil servants, contributing to improving the effectiveness of state management by copyright law [32].

A stable and disciplined society must be one in which all classes of people are aware that their freedom and interests are guaranteed by respecting the freedom and interests of others, and by respecting and strictly implementing the law. And wherever there is such awareness and action, it can be affirmed that there legal awareness has reached a high level [26].

When the awareness of subjects in the copyright legal relationship about their rights and obligations is fully and voluntarily expressed, and social awareness of the necessity of copyright protection is enhanced, a legal culture of copyright in society will be formed. Legal culture is the fact that all legal subjects

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Adjust one's behavior voluntarily, in accordance with the provisions of the law, and do not do things that are prohibited by law. A high level of legal culture on copyright is demonstrated in the fact that any creator, when creating a work, is willing to bring the work to the public, bringing noble spiritual and humanistic values to society. Those who exploit and use the work, when benefiting from the work, have the obligation to pay royalties and remuneration, considering it as compensation that the creator deserves to continue creating new works. The State builds and organizes the implementation of the law on copyright, guides citizens to properly exercise their rights and obligations as prescribed by law, resolves disputes that arise, and strictly and promptly handles acts of copyright infringement.

Building and raising legal awareness of copyright among the people is the process of raising the legal understanding of copyright of each citizen, encouraging the habit of living and working according to the law, creating the capacity to correctly assess and perform behaviors in society. In recent years in our country, many people have not had a correct and complete understanding of copyright law, and have paid little attention to the law. Therefore, some people have violated the law due to lack of understanding, and the lack of understanding of the law sometimes makes them even unaware that their legitimate rights and interests have been violated. This, on the one hand, reduces the ability of the right holder to protect his or her rights when they are violated, and on the other hand, it also contributes to increasing the possibility of indiscriminate, unfounded, and improperly authorized lawsuits, leading to social instability. Poor understanding of copyright law can easily lead to indifference, apathy, and even contempt for the law, leading to behavior that is not in accordance with the law.

1.4.4. International cooperation in management and enforcement of copyright protection

Today, copyright has become a part of international trade, an issue that is raised on the negotiating table of most economic agreements between countries and regions, such as in the negotiations on GATT/TRIPS (the

intellectual property related to the General Agreement on Trade and Industry (GTA), NAFTA (North American Free Trade Agreement) and a series of bilateral agreements with the US and the European Community, the Vietnam - Japan Economic Partnership Agreement...

With the rapid development of information technology, especially the Internet, copyright protection is not only a national issue but has become an international issue. In the current context of cultural exchange and deep international economic integration, the scientific, research and educational values of works by authors in developed countries can be exploited and used in a developing country, and vice versa, the rich and diverse cultural values of literary and artistic works by authors in developing countries can be studied and disseminated in developed countries. Therefore, there is a need for international cooperation in copyright protection. Copyright protection encourages citizens to freely create and disseminate literary and artistic works, promoting cultural exchange between countries based on cultural diversity and technological concerns. Such exchange and cooperation will bring positive benefits to the country.

In principle, a country's copyright law is only effective in that country, and copyright protection is limited to the scope of each country. Meanwhile, literary, artistic, and scientific works are increasingly created, and they have crossed national borders as a commodity, and no one can prevent it. Therefore, countries have had to sign bilateral and multilateral agreements on this issue to effectively protect copyright.

Vietnam is a member of the World Trade Organization (WTO), we have joined 5 international conventions on copyright, related rights, and committed to the Intellectual Property Rights Protection Agreement with the Swiss Confederation, the Vietnam - United States Trade Agreement. The implementation of international conventions as well as bilateral agreements in this field is both a challenge and an opportunity to promote domestic protection activities and international integration. Treatment rules

The principle of national copyright is stipulated in international copyright law, which means that the rights of foreign individuals and organizations are treated the same as those of domestic individuals and organizations. This principle is the foundation of international trade relations for the protection of rights for cultural works and products.

In his “Vision and Strategic Directions of WIPO”, the Director General of WIPO stated: “As central as intellectual property is to economic growth and prosperity, so too is the challenge of building an international intellectual property system that can be a tool for economic and social development. In addition, while emphasizing the economic benefits of intellectual property creations, it is imperative to give due place to the less concrete but equally important cultural aspects, namely the artistic and intellectual joy that such creations bring, enriching our daily lives and our enduring culture.”

Copyright protection is a new field in developing countries, including Vietnam. Through international cooperation, developed countries and international organizations in the field of intellectual property, with many years of experience in copyright protection, can help developing countries with expertise, technology and finance to effectively protect copyright.

1.5. Experience in state management by law on copyright in some countries in the world

1.5.1. State management by law on copyright in some countries in the world.

Copyright protection activities were born nearly 300 years ago and have been increasingly developed. Up to now, almost every country has established a copyright protection system for its country. Each country builds a copyright protection system with its own appropriate features but they all have common, basic points, which are: A system of legal regulations that create a legal basis for copyright and related rights protection activities; A system of competent authorities

Rights related to the enforcement of copyright and related rights; System of organizations representing copyright and related rights.

Referring to the copyright and related rights protection systems of some countries helps us to draw useful experiences in state management activities by law in our country. This reference will be considered in terms of legal provisions; enforcement agencies; management agencies and the system of organizations representing copyright and related rights.

United States : has Copyright Law (Law No. 17 of the United States Code). The system of enforcement agencies includes the Department of Homeland Security, the Federal Bureau of Investigation, the Department of Justice, the Department of State... To connect enforcement agencies across the United States, the United States established the Copyright Coordination Center under the Department of Homeland Security. The Center is responsible for receiving complaints and information on copyright and related rights violations; cooperating with agencies to resolve them. The Center regularly organizes information exchanges and training, providing technical means to serve the inspection and control of violations of the Center's finances directly granted by the Congress. The United States Copyright Management Agency under the Library of Congress has about 630 employees, performing the functions of managing the Copyright Law, registering works, providing information... Each year, it issues registration certificates for about one million works and related rights subjects.

Collective management systems: American Society of Authors, Composers and Publishers (ALCS), The Authors Registry, Broadcast Music Association (BMI), Copyright Clearance Center, National Writers Union Publications Right Clearinghouse…

Singapore : Singapore has the Copyright Act, the Intellectual Property Office of Singapore (IPOS) under the Ministry of Industry. In 2000, the Office was converted into a semi-autonomous agency under the Act, which among other functions is responsible for the administration of the intellectual property system in Singapore. On the intellectual property enforcement front, the Office is primarily responsible for enforcement in

The IP Branch is a special crime division within the Criminal Investigation Department, while border enforcement is handled by the Revenue and Customs Department. In the education sector, Singapore conducts a public education campaign under the direction of the Intellectual Property Office of Singapore and the National Science and Technology Council, aimed at increasing public awareness of intellectual property.

Singapore recognises the importance of copyright assets to its economy, both as a national resource and as a factor in attracting foreign investment. To develop copyright as a strategic and competitive asset, Singapore has adopted a proactive copyright policy to develop high value-added and intellectually creative industries.

France : The Intellectual Property Code provides for all intellectual property subjects, including copyright, an enforcement system consisting of: Police, Customs, Civil Court, Criminal Court; copyright management agency under the Ministry of Culture and the French Language. There are a number of collective management organizations such as the Literary Authors Association, the Visual Arts Authors Association, the Association of Authors, Composers and Music Publishers, the Association of Authors and Composers for Musical Works, the Association for the Management of Copy Rights of Authors, Composers and Music Publishers, etc.

Thailand : Copyright Act No. 2537 enacted in 1994; enforcement agencies include: Royal Thai Police, Royal Customs Department, Special Investigation Department. The Central Intellectual Property and International Trade Court was established in 1997. The Intellectual Property Department under the Ministry of Commerce, established in 1992, administers copyrights, patents and other intellectual property. The Intellectual Property Department promotes the exploitation and use of intellectual property for commercial purposes and coordinates with relevant government agencies to organize enforcement activities. Thailand conducts anti-piracy campaigns, raises public awareness of the effects of pirated goods, raises public awareness of

The impact of pirated goods on society, encouraging the public to use copyrighted goods. The system of organizations representing copyright and related rights: QTG Music Company Limited, Recording Rights Company Limited.

China : has a Copyright Law; a system of enforcement agencies: police, customs, intellectual property courts including specialized copyright courts, copyright management agencies under the State Council, central and local copyright management agencies; a system of organizations representing copyright and related rights: copyright associations, music copyright associations. Since 2005, the Chinese government has issued intellectual property protection strategies every year, including specific plans for each field.

Japan : has a Copyright Law; a system of enforcement agencies: police, customs, copyright management agency under the Cultural Diplomacy agency; a system of organizations representing copyright and related rights: there are associations of authors, composers and publishers, associations of writers, centers for reproduction rights, recording industry associations, centers for management of performers' rights, etc.

Korea : has Copyright Law; System of enforcement agencies: Police, customs, copyright management agency under the Ministry of Culture and Tourism; System of organizations representing copyright and related rights: music copyright association, performing arts association, audio and video recording producers association... From the practice of building and managing copyright and related rights of the

water, it can be seen that:

- Regarding the legal system: Countries around the world manage copyright and related rights through a system of regulations on copyright and related rights. Most countries have established a separate law on copyright and related rights. A few countries group all intellectual property subjects into one set of intellectual property laws, including copyright and related rights.

- The enforcement agency system includes the police, customs, and courts. The trend in many countries is toward establishing specialized agencies that are well-trained, experienced, and given special powers: enforcement and enforcement.

enforcement of laws on copyright and related rights such as Thailand and China.

- Regarding the copyright management system: Most countries have arranged copyright management agencies in the public agency system, no country has established a private form. According to statistics from the World Intellectual Property Organization, there are over 130 countries with copyright and related rights management agencies independent of industrial property management agencies.

1.5.2. Some experiences that can be applied in Vietnam

In the current changing economic and social conditions, legislators are facing many problems. Instead of facing solutions that are at risk of being unfeasible, they can exploit, research, consult, apply, and learn from foreign legal regulations. Lessons learned from countries in the region or the world can be applied and flexibly applied to become simple, low-cost, and highly effective solutions. However, there are principles and legal adjustment mechanisms that can only operate effectively in certain specific conditions of each country, so they may not be suitable, or even dangerous, for some countries with different traditions and social types. Therefore, when we learn from foreign legal experiences, we need to consider and be careful so that they are suitable for the conditions, circumstances, economics, politics, culture, and society of our country.

Learning from and drawing on experiences from other countries, Vietnam has paid special attention to building a legal system on copyright that meets domestic development conditions and is consistent with international practices and laws. The system of state agencies for law management is under the system of public authorities, with unified management from central to local levels. Vietnam has also built and developed a system of organizations representing copyright and related rights, also known as collective copyright management organizations.

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