IPR Crucial to Successful Economic Integration

IPR Crucial to Successful Economic Integration

According to IDG, although intellectual property rights (IPR) are recognised on paper, the number of violations of software copyrights in Vietnam is alarming. There are shortfalls in both legislative and executive sectors. The Vietnamese government and businesses are trying their best to come up with a solution to the problem, as the effective implementation of IPR is considered crucial to the development of information technology in the process of international economic integration.

IPR and Vietnamese integration

STAR Vietnam is a supporting organisation to Vietnam in the implementation of the Vietnam-US Bilateral Trade Agreement. Mr. Hank Baker, senior IPR consultant of Star, agrees that it is no secret that Vietnam still has much work to do in the area of IPR protection and enforcement. This is true with respect to both the legal framework and its implementation. The WTO’s Agreement on Trade Related Aspects of Intellectual Property (TRIPS) and the Vietnam-US Bilateral Trade Agreement (BTA) set out the minimum standards of IPR protection. Currently, Vietnam’s legal framework contains critical holes in its IPR policies. “I think the good news is that the government understands where the problems lie and is taking steps to address these legal shortcomings. Recent examples are the adoption of a Civil Procedure Code that contains provisions on temporary injunctive relief, the decision made this month to join the Berne Convention for the Protection of Literary and Artistic Works, and proposals for a new, separate Intellectual Property Law. All these are positive steps in the right direction.”

IPR violations holding back development

Mr. Tran Tuan Cuong, representative of Symantec Vietnam, an owner of software Norton Anti-Virus, said that the main cause of the widespread software fraud in Vietnam is due to the incomplete and unclear laws in Vietnam. When the provisions are not specific, violations of copyrights cannot be addressed, as relevant authorities cannot act without mechanism or guidance.

The violation of software copyrights affects business activities. A Microsoft representative said that due to the violation of copyrights Microsoft Vietnam is still the smallest among Microsoft branches in the world despite having set up a representative office in Vietnam eight years ago.

Seeking Solutions

Mr. Ngo Phuc Cuong, Chief Representative of Microsoft Vietnam believed that owners must use technology to restrict violations. The software industry must maintain cooperation, respect each other’s intellectual properties, share common views and coordinate with competent authorities to protect their legitimate interests. For its part, the government must set the top example in the use of legitimate software. The law must be clear and strictly implemented.

Mr. Jeffrey J. Hardee, Vice President and Asia-Pacific Director of the Business Software Association (BSA) said that Vietnam has a young and educated population. With the correct strategy and its geographical location, Vietnam will benefit greatly from the development of information technology. In the coming years, it is crucial for Vietnam to have a dynamic, efficient and highly competitive IT industry. The government and its policies are decisive factors in the success or failure of the IT industry in Vietnam.

The Vietnamese government is taking positive steps to attract foreign investment in Vietnam. Mr. Do Khac Chien, Deputy Head of the Department of Copyrights under the Ministry of Culture and Information and a member of the Vietnamese WTO negotiating team, said that Vietnam is trying to complete both legislative and executive requirements for international economic integration.

• Doan Phuong