Dr. Le Thi Nam Giang

Lecturer of Ho Chi Minh City University of Law, General Secretary of Ho Chi Minh City Intellectual Property Association

 

  1. Legal framework for copyright protection in the Internet environment

Under Vietnamese law, copyright protection and copyright-related rights (hereinafter collectively referred to as copyright) in particular, intellectual property rights in general are governed by a system of normative documents. laws, including:

  • Civil Code of the year No. 33/2005 / QH11 June 14, 2005;
  • 2005 Intellectual Property Law No. 50/2005 / QH11 dated November 29, 2005, amended by Law No. 36/2009 / QH12 June 19, 2009 (IP Law);
  • Decree 100/2006 / ND-CP issued by the Government on September 21, 2006, detailing and guiding the implementation of a number of articles of the Civil Code and the Intellectual Property Law on copyright and related rights;
  • Decree No. 85/2011 / ND-CP of the Government dated September 20, 2011 amending and supplementing Decree 100/2006 / ND-CP dated September 21, 2006;
  • Decree 131/2013 / ND-CP of the Government issued on October 16, 2013 stipulating penalties for administrative violations of copyright and related rights;
  • Prime Minister’s Directive No. 04/2007 / CT-TTg dated February 22, 2007, on enhancing copyright protection for computer programs.
  • Directive No. 36/2008 / CT-TTg of the Prime Minister issued on December 31, 2008 on strengthening the management and enforcement of copyright and related rights protection.
  • Joint Circular No. 07/2012 / TTLT-BTTTT-BVHTTDL dated June 19, 2012 regulating the responsibilities of intermediary enterprises in the protection of copyright and related rights on the Internet and network environment telecommunication.
  • Circular No. 15/2012 / TT-BVHTTDL dated 13/12/2012 guiding the evaluation of copyright and related rights.
  • Joint Circular No. 01/2008 on February 29, 2008 provides guidance on criminal prosecution of infringements of intellectual property rights.
  • Joint Circular No. 02/2008 dated April 3, 2008 guiding the application of a number of legal provisions in resolving disputes over intellectual property rights at the People’s Courts.
  • Criminal Code No. 15/1999 / QH10 dated December 21, 1999, amended by Law No. 37/2009 / QH12 June 19, 2009.
  • Customs Law No. 29/2001 / QH10 June 29, 2001, amended by Law No. 42/2005 / QH11 June 14, 2005.
  • Publication Law No. 19/2012 / QH13 November 20, 2012
  • Cinema Law No. 62/2006 / QH11 June 29, 2006, amended by Law No. 31/2009 / QH12 June 18, 2009
  • Information Technology Law No. 67/2006 / QH11 June 29, 2006
  • Decree 154/2005 / ND-CP of the Government issued on December 15, 2005, detailing a number of articles of the Customs Law on customs procedures, customs inspection and supervision </ li >
  • Circular No. 44/2011 / TT-BTC dated April 1, 2012 guiding the anti-counterfeiting work and protection of intellectual property rights in the field of customs.

In addition to the provisions of Vietnamese law, copyright protection in Vietnam can also be governed by important multilateral and bilateral international treaties that Vietnam has been a member of this field such as :

  • Berne Convention on the protection of literary and artistic works in 1886 (effective in Vietnam from October 26, 2004)
  • Rome Convention for the Protection of Performers, Producers of Phonograms, Transcriptions and Broadcasting Organizations (Effective in Vietnam from March 1, 2007)
  • The Geneva Convention protects producers of phonograms against the unauthorized copying of their phonograms (effective in Vietnam from July 6, 2005).
  • The Brussels Convention concerns the distribution of program-carrying signals transmitted via satellites (effective in Vietnam from January 12, 2006).
  • Agreement on trade-related aspects of intellectual property rights (effective in Vietnam from January 11, 2007)
  • Agreement between the Government of the Socialist Republic of Vietnam and the United States Government on the establishment of copyright relations on June 27, 1997
  • Agreement between the Government of the Socialist Republic of Vietnam and the Swiss Federal Government on protection of intellectual property rights and cooperation in the field of intellectual property on July 7, 1999;
  • Trade Agreement between the Government of the Socialist Republic of Vietnam and the United States Government on July 13, 2000.

However, it should be emphasized that Vietnam has not yet joined some important multilateral international treaties in the field of copyright, directly adjusting copyright protection issues in digital environment. They are: (i) WIPO Treaty on copyright (WCT, effective from March 6, 2002, currently has 91 member countries), signed to clarify some of the provisions of The Berne Convention for the protection of literary and artistic works in a digital environment, for example, clarifies the right to copy, the right to convey the work in a digital environment. At the same time, this Convention also adds some author’s rights, rights and obligations of member states in the protection of copyright in digital environments; (ii) WIPO Treaty on Performers’ Rights (WPPT, effective from May 20, 2002, currently has 92 member countries) signed to clarify and supplement some provisions. of the 1961 Rome Convention for the protection of performers, producers of phonograms, video recordings and broadcasting organizations in digital environments.

Although Vietnamese law still has some points that are not really consistent with the provisions of international treaties that Vietnam is a member as well as not really suitable for the actual situation of Vietnam, but evaluated in a way objectively, Vietnam’s intellectual property laws and related legal documents have created a relatively adequate legal framework for copyright protection in particular, and intellectual property rights in general. These provisions are also considered in accordance with international treaties to which Vietnam is a member. And in case there is a difference between the provisions of international treaties that Vietnam is a member with the provisions of Vietnamese law, the Law on signing, joining and implementing international treaties of Vietnam as well as Article 5 Vietnam Intellectual Property Law (IP Law) affirms the principle of permitting the application of international treaties. This really created a legal basis for copyright protection in particular, intellectual property rights in general in Vietnam.

In principle, the provisions of Vietnamese law are generally applied to the types of works listed in Article 14 of the IP Law and to the rights of organizations and individuals for performances and phonograms. video recording, broadcasts, satellite signals carrying programs that are encoded in traditional environments and in digital environments. However, stemming from the peculiarities of copyright protection in the digital environment, in addition to these general provisions, Vietnamese law has some regulations governing this issue separately.

  1. Actual infringement of copyright in Vietnam

Although current Vietnamese law basically meets the requirements of copyright protection in international treaties that Vietnam is a member as well as practical requirements of Vietnam, but in fact The current status of copyright infringement in the Internet environment in Vietnam is still very popular. Copyright infringement in general, on the Internet environment in particular takes place for all types of works, from literary and scientific works to cinematographic, music, theater and program works computers … Rights infringements are also very diverse, ranging from infringement of property rights such as copy rights, the right to communicate and distribute works to moral rights such as the right to publish works, the right to protect integrity. of the work … The infringement is increasingly more sophisticated with the exploitation of the development of technology (Pear to Pear: P2P, Bit Torrent, Cyberlockers …).

According to the 5-year summary report of implementing Directive No. 36/2008 / CT-TTg on strengthening the management and enforcement of copyright and related rights (copyright) of the Ministry of Culture, Sports and Tourism Calendar (Ministry of Culture, Sports and Tourism), in 2009, specialized inspectors of culture, sports and tourism seized 649,324 types of tapes and 3885 copies of books. Total penalty for administrative violations is VND 11,500,510,000. In 2010 – 2011, Inspectorate of the Ministry of Culture, Sports and Tourism sanctioned administrative violations with a total amount of VND 227,000,000 for companies with websites to store, provide and popularize a large number of recordings. not authorized by the rights owner. In 2013, Inspectorate of the Ministry of Culture and Information has sanctioned administrative violations for copyright infringement on computer programs in the amount of VND 2,033,000,000 and requested three websites to remove thousands of infringing films. copyright of six major American studios. Inspectorate of the Ministry of Culture and Information has also received 60 complaints regarding copyright disputes for 142 titles of 25 publishers. That is not to mention the handling cases in the localities. [1]

The above figures only reflect a very small part of the actual situation of copyright infringement in Vietnam. In fact, with about 400 websites that use video (movies and music) in Vietnam, in which most works are illegally used, it can be seen that the number of works violating copyright will be very large. Actually copying and re-posting articles in electronic newspapers, websites are very popular in Vietnam.

However, this is not a unique situation in Vietnam but also a common situation in many countries. For example, in Korea, in 2011, About 2.7 billion content of pirated types (online and traditional), about 2,400 billion won are lost. In 2013, online piracy alone accounted for about 4,000 billion won [2] . In the Russian Federation, the Russian film industry is estimated to lose more than $ 4 billion a year due to copyright violations as well as illegally disseminating movies on the internet.[3].

There are many reasons for this situation. Firstly, the strong development of the Internet and the devices that allow access to the Internet have made it easy to transmit and copy works. Then there is the habit of “Sai Gon Pagoda” and the sense of not respecting the intellectual property law of the majority of people. Professional capacity and lack of human resources, facilities and technical conditions in enforcement agencies of intellectual property rights are also one of the factors that make copyright enforcement in particular. , intellectual property rights in Vietnam in general are limited. Right holders are not aware of their rights. In addition, in many cases the law has not really caught up with the development of technology, has not really effectively protected copyright in the Internet environment.

  1. Legal challenges for copyright protection on the Internet

The Internet has brought a lot of benefits to authors, copyright owners and users. However, the Internet environment also facilitates copyright infringement to be done easily with very high levels of damage and poses many challenges to copyright protection, in It has many legal challenges.

In principle, the provisions of the law on moral rights and property rights of authors are applied to literary, artistic and scientific works in general, irrespective of the form of format (works Traditional printing or format is digital work or digitized works. However, the specificity of copyright protection in digital environments requires a clear explanation of some property rights of copyright holders as a basis for determining behavior. copyright infringement and, more broadly, effective protection of copyright in digital environments. Within the scope of this study, the author has no ambition to study all legal issues arising in copyright protection in the Internet environment but only limited to research on certain issues.

Identify infringement rights to copy and prevent and copy unauthorized acts

In accordance with Article 4 (10) of Vietnam’s Intellectual Property Law, copying is defined as “the creation of one or more copies of a work or a sound recording or recording by any means or form. Which, including creating copies in electronic form. ” Reproduction can be done directly – the creation of copies from the works, recordings, recordings, or indirectly – is the creation of other copies not from the works themselves. , audio and video recordings, such as copying from electronic information networks, broadcasts, related post and telecommunications network services and other similar forms.[4] The above provisions of Vietnamese law regulate copying rights in traditional environments such as copying and copying in digital environments, in accordance with international treaties on copyright such as Berne Convention.[5] và WPPT[6]. The right to reproduce a work is one of the exclusive property rights under copyright, by the owner or by others.

Copy right is one of the most important property rights of copyright holders and is also the most often violated right in a traditional environment (print, audio, video) as well as environment number. In the Internet environment, copying and archiving works is carried out easily and quickly with a huge number of copies but the cost is very low and the quality is excellent. Traditional copying often does not produce good quality, especially if copying photos from copies. But on the Internet environment, it is possible to copy many times from the copy but the quality is guaranteed as the original. Therefore, just putting a copy of the work on the Internet can meet the needs of millions of people. Copying on the Internet is also quick and easy, much more convenient than copying in a traditional environment. Just a personal computer or tablet or smartphone, can easily copy the work with one click. Copied works can be easily stored with a large amount of digital information, and this capacity limit is expanded annually, enough to meet the needs of reality with increasingly emerging technology. greater. You can go to any website with audiovisual works, Internet users can listen and watch online even download works from archives with hundreds of thousands of music works, cinematographic works. This is one of the reasons why piracy is seriously violated in the Internet environment.

However, the protection of copyrights in the Internet environment is facing a number of complex legal issues. One of those problems is whether the temporary copies are protected by copyright law. Other issues related to copying in cases of using limits and copyright exceptions. Copyright law stipulates that a number of cases of use of published works do not require permission without paying remuneration provided that such use does not affect the normal exploitation of the work, no causing harm to the rights of authors and copyright holders; must provide information about the author’s name and origin and origin of the work [7].  The question arises, in the Internet environment, how to enforce copy rights in these cases to really ensure the balance of benefits between authors, copyright owners and users is it simple. Can give a few cases. First, for the case of “copying no more than one copy for teaching or scientific research purposes” under Article 25 (1 (a)) of the Intellectual Property Law Vietnam or the right to copy no more than 10% or 20% of the work (according to some countries’ laws) without permission, how will the remuneration be done in the Internet environment? There is no mechanism to control the number of works copied for teaching purposes, scientific research of copying. Therefore, it is almost impossible to implement this regulation in the Internet environment. Monday, the case of copying a work to store in a library for research purposes. Vietnamese law requires that in this case, the library not be reproduced more than one copy and may not copy, distribute copies of works to the public, including digital copies. [8]. However, in the case of a library that is allowed to be copied for archiving is still a matter of controversy. In the meeting of WIPO Copyright and Related Rights Committee in December 2013, this issue was discussed and received many different opinions. The idea is that this right is only allowed when the original cannot be archived, but the majority of the comments suggest that the library is only entitled to storage for public, non-profit purposes, to preserve heritage. cultural [9].

Identify acts of infringement of the right to communicate and distribute works

The right to distribute the original or a copy of the work is the exclusive right of the copyright owner to make or permit others to do so in any form or technical means accessible to the public. sale, lease or other forms of transfer of originals or copies of works. For plastic works and photographic works, distribution rights also include public displays and exhibitions. The right to communicate the work to the public by wire, wireless, electronic information network or any other technical means is the exclusive right of the copyright owner to authorize or authorize another person to currently to bring the work or copy of the work to the public, accessible to the public at their chosen place and time [10].

The transmission and distribution of works on the Internet is conducted quickly and easily on a much wider scale than traditional methods. The Internet allowed from a server can transmit unlimited numbers of people and allow users to access the information at any time and place they want. With P2P technology, the transfer of work between personal computers is made easier without the need for a server. In particular, every Internet user can perform the act of transmitting work to others, not limited to any factor. So if a work is published on the Internet without the copyright owner’s permission, the damage will be huge. In this case, unauthorized published works will lead to easy transmission, copying and even distribution, seriously affecting the rights of authors and copyright owners. fake. In the case of cinematic “Endless Field” is a typical example in Vietnam. Although the film is not planned to be released as a DVD in the Vietnamese market, but on some websites, there is a link to share the movie for free. In the tape market, there were also instant copies of “Endless Fields” in the form of pirated DVDs. Although all images of the film are preliminary, unprocessed as confirmed by the manufacturer but still accepted by the market, causing great damage to the owner.

However, it should be acknowledged that it is easy to publish, disseminate and distribute, store works on the Internet., fast with global scale has both positive and negative impacts on copyright protection. On the positive side, the Internet helps authors, copyright owners can promote their work to a large audience in a more convenient and economical way than the previous traditional method. The Internet also helps to commercialize these products more easily at a much lower cost than traditional trade. For example, when a Music Album is uploaded to a website, users anywhere in the world can connect to the Internet and can access and copy the copyright owner without having to spend money. the cost of producing, packaging, distributing and marketing CD / DVD discs to actual addresses. Distribution is also not difficult from customs procedures or other complicated licensing procedures. On the other hand, the Internet also creates conditions for users to access, even use illegal business these works without paying for use, causing damage to copyright owners. With millions of millions of Internet users and millions of websites today, it is nearly impossible to control all content posted on all websites to ensure copyright protection.

In fact, the determination of copyright infringement on works on the Internet environment is not simple. Sometimes, the use of work in a traditional environment is considered not to violate copyright, but in the environment the number of problems can be viewed from a different perspective. For example, in the traditional libraries today, in the library of the library’s library of books, which are ordered by the library, donated books from organizations and individuals may be the rights owners. author, may not be the copyright owner, books are deposited. These works may be stored in a single version, possibly multiple copies. Readers who come to the library are free to read on the spot, even in some cases, if there are many books on a work, readers can borrow them home without being charged. In fact, in this case, this behavior should also be considered from the perspective of copyright law. However, in practice today, this is considered a normal activity of the traditional library to perform its functions without any objection from the copyright owner or the word other individuals and organizations. If the library digitizes these books, stores and allows access or distribution on the Internet, this is a violation of rights. However, the question arises, if still from those book sources, digital library and server-based storage of a copy of the work, allowing readers to access only within the library’s internal network, not on The Internet, without access fees, does not allow downloading, does the library violate the copy right and the right to convey the work to the public? If understood in accordance with the current regulations of the law, in this case the library has violated the right to copy and the right to communicate the work to the public. If the library collects money when users access this data source, the library violates the right to distribute the work. However, the library has functions and tasks to preserve the heritage of the nation’s heritage; collect, store and organize the exploitation and general use of documentary resources in society to spread knowledge, provide information to serve the needs of learning, research, work and entertainment of all classes people; contribute to improving people’s knowledge, training human resources, fostering talents, developing science, technology, economy, culture, serving the industrialization and modernization of the country [11] . But in their activities, the library is obliged to comply with the law on copyright. Thinking, the law should have specific regulations on copyright protection in library activities, solving conflicts in copyright protection in digital libraries with functions and duties of libraries .

In addition, when copyright infringement is done with the support of new technology, the identification is more difficult. In many cases, the law did not keep up with the development of technology, did not timely adjust the rights infringement occurred in practice. In particular, in case the violator deliberately exploits the features of the new technology to perform copyright infringement on a sophisticated level. For example, websites that do not directly store the work or do not allow users to directly listen to music, watch movies online or download files but simply provide links for users to access. Access to these data warehouses. Not in any case, the supply of data sharing links is copyright infringement because many websites allow free access. The determination of infringement rights in this case is not simple. Or with Pear to Pear computers can share data with each other, in this case it is not easy to identify infringement and accountability for infringement right.

Compensation for damages caused by copyright infringement on the Internet

According to Article 204 of the Intellectual Property Law of Vietnam, damages caused by infringement of intellectual property rights include: (i) physical damage including property losses, income reductions, profit, loss of business opportunities, reasonable costs to prevent and overcome damages; (ii) mental damage including loss of honor, dignity, prestige, reputation and other mental losses caused to the author of literary, artistic and scientific works; performers … The extent of damage is determined on the basis of actual losses suffered by intellectual property right holders due to acts of infringement of intellectual property rights.

Determining the level of damage in the field of intellectual property has always been a problem in reality, and the determination of damage caused by copyright infringement in the Internet environment is much more difficult. For example, in the case of a cinematographic work stored and allowed for unauthorized access on the Internet, technical tools can be used to count how many visitors to view and / or download the work. illegally on a specific website. In this case, if it is assumed that online viewing and / or downloading of the work has been predetermined for each visit, it may be possible to roughly estimate the loss that the copyright owner has actually lost. However, the problem is that many cases of works are illegally copied from a website, then continue to be posted on other Websites or shared by individuals. It is very difficult to control the number of people illegally accessing in the above case. In addition, the basis for assessing the decline in income, profit, loss of business opportunities for copyright field is also particularly difficult. Because the use of the work depends on many factors, the psychology of the public, the ability to penetrate art … For example, the case of cinematographic work “Endless Field”, “Big market life dust” is Unauthorized disclosure on the Internet, it is then widely circulated on the network and distributed in the form of pirated DVDs, it is difficult to determine the exact level of damage. Because, no one knows this work, if it is shown outside the cinema, how many tickets will be sold, shown for how long? How much revenue?

For mental damage, in the field of copyright, sometimes mental losses are more severe than physical losses, but it is difficult to prove mental losses, Compensation for planetary damages. The maximum spirit is only 50,000,000 VND which is too little.

Determining the subject responsible for compensation due to copyright infringement on the Internet is not a simple matter. In many cases, website owners hide their true identities. In many other cases, it is difficult to identify the infringing entity. Responsibilities of businesses providing intermediary services[12] In the protection of copyright in the Internet environment and telecommunications networks for copyright infringement by users who put on social networking sites, it is also a controversial issue in many countries with the way The solution is very different. In Vietnam, according to the Joint Circular 07/2012 / TTLT-BTTTT-BVHTTDL dated June 19, 2012 regulating the responsibility of intermediary enterprises in the protection of copyright and related rights on the Internet environment and Telecommunication network (Joint Circular 07/2012 / TTLT-BTTTT-BVHTTDL), intermediary service providers (ISPs) have the right to set up a system of checking, monitoring and processing information to be included. , storing and transmitting on the Internet and telecommunications networks in order to prevent acts of violating copyright and related rights, as well as the right to unilaterally refuse to provide services in contravention of the law on copyright , related rights (copyright). In addition, ISPs are responsible for removing and deleting digital information that violates copyright and related rights, cutting, stopping and suspending Internet transmission and telecommunications lines after receiving written requests. of the Inspectorate of the Ministry of Information and Communications or inspectors of the Ministry of Culture and Information or other competent agencies. At the same time, ISPs are responsible for directly compensating for damages caused by violations of copyright and related rights in accordance with the laws on intellectual property and other relevant laws in the following cases:

  1. a) As the source of the publication, transmission or provision of digital information content through telecommunications networks and the Internet without permission of the right holder;
  2. b) Fix, trim, copy digital information content in any form without the permission of the right holder;
  3. c) Intentionally canceling or invalidating technical measures taken by the right holder to protect copyright and related rights;
  4. d) Act as a secondary distribution of digital information content due to violations of copyright and related rights [13].

Many opinions suggest that ISPs’ claim of compensation in these cases is too strict. These measures should only be applied in case the website owner does not remove the content of the copyright infringement content after having obtained the conclusion of the inspector without making the request. Laws in some countries also do not claim compensation for ISPs.

Determine a competent court

The suing in court requires copyright protection when copyright infringement occurs in a country, but the website’s hosting is located in another country. In many countries, courts have no jurisdiction to settle disputes over copyright infringement in the Internet environment, if the website owner is overseas and does not have a branch, representative office or talent. production in the host country. In this case, it is necessary to sue in a foreign court. For example, the case of copyright infringement of the “Last year – Apple 2014” work on the Internet. This work has been illegally distributed by some network business units on the Internet, including big names like YouTube. It is worth mentioning, the high-tech security investment and development company (CNC) unit is authorized to exploit the work by Vietnam Television – the owner of copyright works, has sent more documents to 100 network business units informed about copyright issues of the program. When it was discovered that the program was illegally posted on YouTube, CNC had many actions to protect the copyright of the work, including the intention to sue in court. However, the question is that if the copyright owner (Vietnam television station) initiates a lawsuit at the Vietnamese Court, will the court have jurisdiction to adjudicate and if so, decide to force YouTube (US)? How will compensation for CNC be solved? The question seems “unrealistic” because the subject who is infringed upon is the Vietnamese legal entity, the act of bringing the work online occurs from Vietnam, the work is created in Vietnam and protected by law. Vietnam and US law on the basis of international treaties such as Berne Convention, copyright agreement between Vietnam and the US, Trade Agreement between Vietnam and the US … why the issue of Vietnamese courts has authority or not? But it can be affirmed that if a lawsuit is filed in a Vietnamese court, the court will refuse to accept the case because the defendant does not have an office or branch in Vietnam, and no property in Vietnam. If the decision of the Vietnamese court to force YouTube to compensate for the right holder, the ability to enforce in the US is even lower. In order to enforce, the prevailing party must carry out a procedure that requires recognition and enforcement of a Vietnamese court decision in the United States and the ability to be recognized and enforced is hardly because US law has have a case on this issue [14] . If the copyright owner conducts procedures to sue YouTube in the United States, the cost will be very costly and the likelihood of winning is minimal because, as mentioned above, there has been a precedent judgment on the matter. This topic and YouTube won.

  1. Solution

The strong development of information technology and the variety of Internet-capable devices, the increase in Internet use pose a lot of complex legal issues in IP protection, especially is copyright. Although national governments have made great efforts in establishing an international legal framework as well as improving domestic legislation for the protection of these rights in a digital environment, promoting international cooperation in the exercise of rights but It is clear that ensuring effective enforcement of these rights in a digital environment is not a simple matter.

The best solution for copyright protection in the Internet environment is to use a combination of legal solutions and technological solutions. A full and effective legal framework will be an important basis for copyright protection. But technology solutions play an equally important role compared to legal solutions. If technology can be used to infringe copyright, on the contrary, technology should be used to prevent infringement of rights and protect rights. There are many technological solutions that have been implemented such as ICOP (Illegal content obstruction program). This system allows, by technical means to recognize special points and automatic search, can automatically monitor the copied content on the Internet and automatically request to monitor the copying process. Another way is to use P2P, a special form of Online service Provide to manage and report identification and storage of downloadable content. In addition, recently cloud computing technology is also one of the good options to contribute to the protection of works on the Internet in a safer way. Previously, only large enterprises had enough budget to invest in infrastructure and solutions to deploy IT solutions to protect digital content copyright. Today, with cloud computing technology, enterprises hire infrastructure and system software to deploy digital content copyright protection with better and more efficient investment and technology costs.

In addition to legal and technological solutions, it is necessary to continue to improve the capacity of agencies to implement and widely propagate to users of intellectual property law provisions to raise awareness of protection. user rights. Rights holders need to apply technological measures to protect their rights and take the initiative in requesting infringement handling when infringing upon their rights.

[1] Report of the Ministry of Culture, Sports and Tourism at the Conference on Summary of 5-year implementation of Directive No. 36/2008 / CT-TTg on strengthening the management of enforcement and protection of copyright and related rights, pages 9, 10.

[2] Jung Tae Sun, The situation of copyright infringement in Korea and future prospects, the presentation at the Conference on “Protection of copyright in the field of film and television in digital environment”, page 5.

[3] See details at: http://vtv.vn/Thoi-su-quoc-te/Lien-bang-Nga-chong-vi-pham-ban-quyen-tren-Internet/77181.vtv#sthash.oWyVP6cl.dpuf, accessed on May 20, 2014.

[4] Điều 31(1,2) Decree 100/2006 / ND-CP issued by the Government on September 21, 2006, detailing and guiding the implementation of a number of articles of the Civil Code, Intellectual Property Law regarding copyright and related rights (Decree 100/2006 / ND-CP).

[5] Article 9 of the Berne Convention for the protection of literary, artistic and scientific works (Berne Convention).

[6]  Is specified in Article 7

[7] Article 25 of Vietnam’s Intellectual Property Law, Article 9 of the Berne Convention

[8] Article 25 (1 (d) Intellectual Property Law and Article 25 (2) Decree No. 100/2006 / ND-CP of the Government detailing and guiding the implementation of a number of articles of the Civil Code and the Law Intellectual property rights on copyright and related rights, amended and supplemented by Decree No. 85/2011 / ND-CP and Decree No. 01/2012 / ND-CP (Decree No. 100/2006 / ND -CP)

[9] Working document containing comments on một văn bản nào để xác thực international legal thiết bị (trong bất kỳ tùy chọn) trên exceptions và giới hạn cho cơ sở dữ liệu và archives, adopted by the Copyright and Related Rights Committee, WIPO, at the 26th Session Geneva, December 16-20, 2013.

[10] Article 25 Decree No. 100/2006 / ND-CP

[11] Article 1 Library Ordinance No. 31/2000 / PL-UBTVQH10 dated 28/12/2010

[12] Intermediary services include telecommunications services, Internet services, online social networking services, digital information search services, digital information rental services, including space for rent. Store electronic information pages.

[13] See details in Article 5 of the Circular

[14] This is a case of copyright law between YouTube and Viacom entertainment group released by the Federal Court on June 23, 2010. The ruling was determined, YouTube is an open web service, allowing users to freely post different content. Although YouTube contains videos that violate Viacom’s copyright, but because the content is too much, YouTube cannot control it all. In addition, upon receiving notice from copyright holders, YouTube has quickly removed such content.