|Workshop on “Better Competitiveness through Compliance with Vietnam IP laws and related legislations”|
Ho Chi Minh City, March 10, 2012 – The Copyright Office of Vietnam (COV), Business Software Alliance (BSA) and Taiwan Chamber of Commerce in Vietnam met face-to-face with hundreds of Taiwanese companies doing business in Vietnam in a workshop on “Better Competitiveness through Compliance with Vietnam IP laws and related legislations”.
The workshop provides the latest updates on laws and regulations pertaining to software ownership in Vietnam to Taiwanese companies with business interests in Vietnam to help them avoid any conflicts with the law that may occur out of lack of awareness. Attending the workshop, the Baker & McKenzie law office also updated on Washington Congress’s July 22, 2011 endorsement of a new act called “Infringement of intellectual property ownership in information technology”, addressing unhealthy competition, specifically use of unlicensed software. The act requires that all manufacturing businesses having products on sales in the state of Washington must have documented evidence that they have been using licensed software for the purposes of their business activities. Later, BSA, its members, namely Lac Viet Computing Cor., Bkis, PCT and Microsoft, and Open Computing Alliance and Lac Viet also advised on effective software ownership solutions to Taiwanese companies doing business in Vietnam.
Addressing the workshop, Dr. Vu Manh Chu, Director General of the Vietnam Copyright Office, gave an outlined update of the current regulatory framework and walked the participants through existing laws and regulations on copyrights and related rights in Vietnam, providing Taiwanese companies active in Vietnam detailed information on the topic.
“Use of illegal software by businesses may be subject to criminal charges and severe punishment by the law. Added to that, copyright owners are also entitled to other means to address infringements of their intellectual property rights, including filing complaints at the relevant court of law in line with Article 198.1d, IP Law and/or requesting that the court orders the offenders to stop their misconducts, formally apologize and initiate remedial measures, and demanding that the offenders recompense for any damages caused, including material losses, and pay court fees in line with Articles 202, 204 and 205 of the IP Law. The damage degree is determined based on the actual losses to the intellectual property rights owner caused by the intellectual property right encroachment act”, stressed Dr. Vu Manh Chu at the workshop.
Attorney Da-Fa Feng, Baker & McKenzie, Taipei Office also said: “Manufactures or the Washington State Attorney General can commence civil lawsuits against those who compete unfairly by using stolen or misappropriated IT in the manufacture, distribution, marketing or sale of their products, which are sold or offered for sale in Washington state. A similar law has been passed in Louisiana State. Therefore, failing to comply with the Act puts manufactures at risk of having to pay damages, having their good seized and even losing access to the lucrative US market”.
“On the other hand, manufactures that use legal IT will obtain benefits under the Act. The Act will create a fair competition environment for the manufacturers who have previously suffered a competive disadvantage against those who compete unfairly by using stolen IT”. Mr. Da-Fa Feng addressed at the workshop.
Mr. Dao Anh Tuan, Representative of the Business Software Alliance (BSA) informed that APAC recorded a software piracy rate of 60% (2010) as reported in the IDC Global Software Piracy Study. This translates into a commercial value of US$18.7 billion in pirated software used. Three in every 5 software
|Last Updated ( Monday, 24 June 2013 05:41 )|