An interagency inspection team featuring the Inspectorate of the Ministry of Culture-Sports-Tourism (MOCST), in cooperation with the Hi-tech Crime Bureau (C50, Ministry of Public Security), recently launched a series of raids across the country, targeting companies suspected of using unlicensed software.
Six businesses in total were put under scrutiny, and were found using illegal software worth about VND 6.5 billion as estimated by the rightful owners.
Targets of this enforcement operation include both Vietnamese and foreign-invested companies headquartered in Ho Chi Minh City, and Binh Duong and Ben Tre provinces. The taskforce indicated that at these six companies, the interagency team went through 247 computers being used at these firms for business purposes, where they found more than 500 software programs without a legitimate license.
Among the unlicensed software detected, which included software from Lac Viet and Microsoft, there were specialized graphic design software from Adobe and Autodesk, all of whom are members of BSA | The Software Alliance.
The cross-department taskforce also confirmed that agents of the six wrongdoing firms signed off the inspection reports, admitting to their infringements, while pledging to remove all unlicensed software and take steps to legalize all the software they use for commercial purposes in their operations. The six perpetrators, in which are in the business of manufacturing consist of companies from Taiwan, Malaysia, Singapore, Thailand and Vietnam.
Bolstering effective IPR enforcement is now high on the government’s agenda, as part of its efforts to uphold itsIPR international commitments, especially those in the Trans-Pacific Partnership (TPP).
Mr. Tran Van Minh, MOCST Deputy Chief Inspector, said: “To keep its end of the bargain when it comes to international requirements and commitments, the government has increasingly put in place a legal system that is strong enough to safeguard IP rights, as well as upgrading the capacity of the enforcement team over time to effectively safeguard and protect IPRs. Importantly, by subscribing to TPP - the largest global free trade deal, the government is moving closer toward regional and global practices for IP protection in its efforts to offer a sound business environment and attract investment from businesses in TPP regions.”
“We will have more of these inspections and audits underway to put the heat on anyone engaging in ownership and related right infringement, including that for computer software. In case of large scale offences, we will even consider penal actions, especially infringements related to computer software”, Mr. Tran Van Minh said firmly.
On Feb. 4, 2016, Vietnam inked agreement documents to officially become a member nation of TPP, which consists of 12 member countries in total. An area of special interest in TPP is intellectual property right protection, with great emphasis on intellectual property right enforcement, where it requires extension of copyright protective period to 70 years and calls for even penal actions as part of enforcement efforts. TPP arguably sets forth some of the highest norms for IP protection. These standards are even stricter than the regulations under the WTO, and the consequences for non-compliance can be pretty severe.
Over the years, the Vietnamese government has done a good job in terms of education, combined with aggressive enforcement in protection of IPRs in all relevant sectors, especially computer software. The results speak for themselves as Vietnam achieved an impressive 3% cut of computer software piracy from 81% in 2013 to 78% in 2016.
Mr. Tarun Sawney, Senior Director for Asia Pacific, BSA | The Software Alliance, said: “We highly welcome the Vietnamese government's IPR enforcement for its efficacy and aggressiveness, through the on-going joint program of action for IPR infringement control representing nine different ministries (Program 168). We believe that with strong efforts and smart strategies, Vietnam is committed to upholding its international commitments towardsIPR protection. The Ministry of Culture, Sports and Tourism (MOCST) and Hi-tech Crime Bureau will have BSA’s undivided support for all actions to be conducted. I'm confident that concerted efforts between enforcement agencies and right owners’ agents will help better achieve the set goals for IPR protection and enforcement.”
As reported by MOCST Inspectorate, between 2006-2015, interagency inspection teams spot-checked 541 businesses across the country, with 27,602 computers scanned, and numerous computer software copying acts without the owners’ consent. The ministry inspectors issued citations on the wrongdoings and released 499 civil offence penalizing rulings, collecting VND8,613,000,000 (eight billion six hundred thirteen million dong) in fine money to the state coffers, and transferring one case to investigating agencies for further actions. Forty-one firms were found to be complying with existing intellectual property laws.
Hoa Pham
Vietnamese
