Stronger penalties aim to deter copyright infringement

A new decree dealing specifically with copyright infringements will help curb violations in a wide range of areas, including software, books, music recordings, films and internet file sharing.

In order to improve copyright enforcement, the Government issued Decree No 47/2009/ND-CP on May 13, 2009, providing administrative sanctions on infringements of copyrights and related rights. The new decree replaces relevant provisions of Decree No 56/2006/ND-CP on sanctions in the fields of culture and information, making it the first time a separate regulation has dealt with copyright violations in Viet Nam.

The new decree defines acts of copyright infringement and introduces much stronger penalties and measures to deal with the violations. For instance, the highest level of monetary fine has been increased from VND70 million (US$4,200) under Decree 56 to VND500 million ($30,000) by Decree 47.

Among acts of infringement, acts of copying protected works, performances, phonograms or broadcasts without the authorisation of the copyright owners are considered to be most serious. For these actions, subject to the value of the infringing articles and the seriousness of the case, the monetary fine may fall within 11 levels, ranging from VND1 million to VND500 million ($60 – $30,000). The highest level shall be applied in cases in which the value of the infringing articles is above VND500 million.

Decree 47 also provides for 11 levels of monetary fine, from VND500,000 to VND250 million ($30-$15,000), applicable to acts of selling protected works, or distributing directly or indirectly to the public copies of performances, phonograms, or broadcasts.

Appropriating the rights of copyright owners, phonogram producers, or broadcasting organisations are now also considered to be serious infringements, and the highest monetary fine of VND500 million may be applied in such cases.

With respect to an action of storing or concealing goods in infringement of copyright and/or related rights, a fine of VND20-30 million may be applied, while the action of transporting or advertising infringing goods may be subjected to a fine of up to VND10 million.

Decree 47 took effect on June 30. While the administrative channel is still common for settling copyright disputes in Viet Nam, it is expected that the new decree will help copyright holders to better enforce their rights here.

(Source: VNS)