On October 26, 2004, Vietnam joined the Berne Convention on the protection of literary and artistic works. After many amendments, the Berne Convention is meeting the requirements for copyright protection in the current 4.0 technology era. Therefore, as a member of the Berne Convention, Vietnam has gradually researched and promulgated regulations on Intellectual Property that meet the requirements that this Convention sets for member States, including the effectiveness of copyright protection under the International Convention.
1. What is copyright protection?
According to the Vietnamese Dictionary, “protection” means not being susceptible to loss. Therefore, copyright protection is the State’s guarantee of works so that those works are not infringed or damaged by others. Although legal provisions determine the rights of subjects to works, identify acts considered to be infringing as well and establish methods to protect the rights of authors, the State carries out its responsibilities. your protection in the most convincing way. In Vietnam, the concept of protecting intellectual property rights was first stipulated in Part V of the Vietnamese Intellectual Property Law.
Copyright protection according to the Berne Convention Is compliance with the regulations on copyright protection as follows:
- Regarding the subject: based on Article 2 of the Berne Convention as follows: “(Protected works: 1. Literary and artistic works; 2. Ability to request fixation; 3. Derivative works; 4. Official documents; 5. Collection; 6. Protection obligations, subjects enjoying protection; 7. Works of applied art and industrial designs; 8. News.)”
- Form of protected work: must be expressed in material form.
- Term of protection.
- In addition, regarding protection rights, principles must also be followed such as: (1) Principle of national treatment; (2) Natural protection; (3) Independent protection.
2. Is copyright valid internationally?
A creative work is considered copyrighted as soon as it is created. According to two international copyright conventions (especially the Berne Convention for the Protection of Literary and Artistic Works), literary and artistic works are protected without the need to carry out any procedures in the United States. State parties to these conventions (151 states as of August 2003 – list of states parties is in Annex VII). This regulation also applies to all members of the World Trade Organization.
Copyright is widely regulated in the Berne Convention. However, based on Article 3 and Article 5 of the Berne Convention, the rules for international copyright protection are quite detailed as follows:
- In terms of scale: the protected work may be a citizen of a country that is a member of the Berne Convention or not but a citizen of one of the countries that is a member of the Union and published for the first time in one of the member countries of the Union, having a permanent residence in one of the above countries is still automatically protected regardless of whether a protection certificate has been registered or not.
- Regarding governing law: in addition to this convention, copyright protection is also governed by the law of the country of origin. Article 5 regulates the country of origin as follows:
“a) Member State of the Union where the work was first published. However, suppose a work is published simultaneously in many Union member countries with different protection terms. In that case, the country of origin of the work is the country with the shortest protection term”.
Therefore, there is no international registration procedure to protect copyrights such as patents, trademarks, and industrial designs. While there is no international procedure for registering copyright protection abroad your work is automatically protected without registration in all member states of the Berne Convention.
Although there are still some differences, the Berne Convention and the Vietnamese Intellectual Property Law both provide for the protection of works created and expressed in a certain material form, regardless of content, quality, form, medium, or language. In addition, the Berne Convention and the Vietnamese Intellectual Property Law also provide for automatic protection, specifically, a work created by the intellect will be automatically protected, including publication and registration—protection certificate or not.
Above is the article: “Effectiveness of copyright protection according to the International Convention“. Hope this article will help you.”
