Vietnam: Can organizations and individuals allowed to use a copy of a computer program make a backup copy or transfer it to another person?
- What are the additional regulations on copyright for computer program, data collection in Vietnam?
- What are the current regulations on copyright for computer program and data collection in Vietnam?
- What are the economic rights of computer program in Vietnam?
- What is the computer program, data collection protected by copyright in Vietnam?
What are the additional regulations on copyright for computer program, data collection in Vietnam?
According to Clause 6, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property 2022, amending regulations on copyright for computer programs and data collections as follows:
"Article 1. Amending and supplementing a number of articles of the Law on Intellectual Property
...
6. To amend and supplement Clause 1, Article 22 as follows:
"1. A computer program is a collection of instructions expressed in the form of instructions, code, diagrams or other forms, when attached to a device operated in a computer programming language, are capable of making computers or devices do the job or achieve a particular result.
+ Computer programs are protected as literary works, whether expressed in source or machine code.
- Authors and copyright holders for computer programs have the right to agree in writing with each other on repairing and upgrading computer programs.
+ Organizations and individuals that have the lawful right to use a copy of a computer program may make a backup copy for replacement when that copy is deleted, damaged or cannot be used but may not transfer to the other individuals and organization.”
Vietnam: Can organizations and individuals allowed to use a copy of a computer program make a backup copy or transfer it to another person? (Image from the internet)
What are the current regulations on copyright for computer program and data collection in Vietnam?
According to Article 22 of the Law on Intellectual Property 2005 (amended and supplemented 2009, 2019), the copyright for computer programs and data collections is as follows:
"Article 22. Copyright in computer programs and data collections
1. Computer program means a set of instructions expressed in the form of commands, codes, diagrams and other forms which, when incorporated in a device readable by a computer, are capable of enabling such computer to perform a job or achieve a specific result.
Computer programs shall be protected the same as literary works, irrespective of whether the computer programs are expressed in the form of source codes or machine codes.
2. Data collection means a set of data selected or arranged in a creative way and expressed in electronic or other forms.
Copyright protection of data collections shall not extend to protection of the data itself, and must not be prejudicial to copyright in the data itself."
What are the economic rights of computer program in Vietnam?
According to Clause 5, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property 2022, it is stipulated that:
"Article 20. Economic rights
1. Economic rights [of authors] shall comprise the following rights:
(a) To make derivative works;
(b) To display their works to the public directly or indirectly through phonograms, video recordings or any other technical means at a place accessible to the public but the public cannot freely choose the time and parts of the work;
(c) To Copy directly or indirectly the whole or part of the work by any means or form, except for the case specified at Point a, Clause 3 of this Article;
(d) To distribute or import for distribution to the public through sale or other forms of ownership transfer with respect to originals or copies of works in tangible form, except for the case specified at Point b, Clause 3 of this Article.
(dd) To communicate their works to the public by wireless or landline means, electronic information networks or other technical means; including making the work available to the public in such a way that accessible to the public at a place and time of their choosing;
(e) To lease the original or copies of cinematographic works and computer programs, unless the computer programs are not the main object of the rental."
What is the computer program, data collection protected by copyright in Vietnam?
According to Article 14 of the Law on Intellectual Property 2005 (amended and supplemented 2009, 2019), the types of works protected by copyright are as follows:
"Article 14. Types of works which are protected by copyright
1. Literary, artistic and scientific works which are protected by copyright comprise:
(a) Literary works, scientific works, textbooks, teaching courses and other works expressed in written language or other characters;
(b) Lectures, addresses and other speeches;
(c) Press works;
(d) Musical works;
(dd) Stage works;
(e) Cinematographic works and works created by a process analogous to cinematography (hereinafter all referred to as cinematographic works);
(g) Plastic art works and applied art works;
(h) Photographic works;
(i) Architectural works;
(k) Sketches, plans, maps and drawings related to topography or scientific works;
(l) Folklore and folk art works;
(m) Computer programs and data collections."
Thus, from January 1, 2023, organizations and individuals that have the legal right to use a copy of a computer program may make a backup copy to replace when the copy is deleted, damaged or cannot be used but not to transfer to the other organization, individuals.
The Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property 2022 takes effect from January 1, 2023.
LawNet
