Computer software is classified as a computer program and is protected under copyright protection.
According to Article 6 and Article 13 of the Intellectual Property Law (“IP Law”), copyright is protected for works of foreign individuals and organizations when these works are published in Vietnam or are protected according to the provisions of international treaties, in which Vietnam is a member.
Currently, Vietnam is a member of the TRIPs Agreement and the Berne Convention. According to Article 10 of the TRIPs Agreement, computer programs are protected similarly to literary and artistic works under the provisions of the Berne Convention. According to Article 3 of the Berne Convention, works of authors who are nationals of countries participating in the Convention are protected under the Convention, regardless of whether the work has been published or not.
Therefore, according to the provisions of the IP Law, the TRIPs Agreement and the Berne Convention:
- Computer programs are protected by copyright when it formed.
- Scope of protection: implicitly protected for countries participating in the TRIPs Agreement and the Berne Convention.
- Protection period (property rights): throughout the author’s life and fifty years following the year of the author’s death.
What can TTVN Legal support Clients?
Based on the specific needs of the Client, our lawyers at TTVN Legal will assist on:
- Consulting on legal regulations related to foreign software copyright in Vietnam.
- Consulting and supporting clients when detecting copyright infringement from third parties.
- Consulting and supporting computer software copyright registration procedures (if any).
Contact us if you need further advice.
Note: This article is for informational purposes only and it is not legal advice. The content of the article represents its own TTVN Legal it is subject to change without prior notice.