Enterprises still use "pirated" software despite the risk of being criminalized
17/12/2018
Enterprises, generally speaking, tend to abide by the law, using only licensed software to support their operations. However, there are some foreign businesses who are possessing strong financial resources and famous brands still deliberately defy the law of the country
According to figures of IDC (Internet Data Center), businesses worldwide have to spend nearly $ 360 billion annually to handle malware related to non-licensed software. Inspection results in 2018 also show that many businesses still deliberately try to use the pirated software despite the fact that such use of the software may face criminal offenses and place businesses at risk of cyber-attacks.
Talking to Dau tu Online, a senior legal expert said: "Depending on the violation, the offending enterprise may be executed as an act of "Infringement of copyright and related rights" under Article 225 of the Criminal Code, or be administratively sanctioned according to the provisions of Decree No. 131/2013. / ND-CP on sanctioning administrative violations of copyright and related rights. That means criminal execution will be the highest level that businesses using illegally copied software could face”.
According to the assessment of representatives of the Inspectorate of the Ministry of Culture and Sports and Tourism after nearly a year from the effective date of the revised Criminal Code 2015, with the legal framework to deal with software piracy has become stricter "from the beginning of 2018, businesses have taken the initiative in using legal software, warning staff not install pirated software and using management software to minimize violations ".
Enterprises, generally speaking, tend to abide by the law, using only licensed software to support their operations. However, there are some foreign businesses who are possessing strong financial resources and famous brands still deliberately defy the law of the country.
Sharing the inspection plans in the coming year, representatives of the Ministry Inspectorate said: "We will continue to speed up inspection activities in the coming time. The inspection of copyright and related rights in general, copyright relevant to computer software in particular is part of our annual inspection plan. This work has been set forth and implemented on a regular basis".
The inspection agency also revealed that based on the owners’ written requests, the Inspectorate will annually inspect 80-100 enterprises nationwide. For software copyright inspection activities, the agency will conduct unannounced inspections when detecting signs of violation or when there are complaints or requests from the owner.
According to the BSA Global Software Survey 2018 published in June 2018, the share of unlicensed software installed in personal computers in Vietnam is 74%. Compared with the previous study published by the BSA in 2016, this rate has been reduced by 4% and compared to the 2004 figures (92%), Vietnam has reduced 18 points. BSA said, this is a significant reduction, thanks to the outstanding efforts of the Government of Vietnam who has continuously improve the legal framework, promote the enforcement and propaganda activities in the past 10 years.
Over the years, intellectual property protection has always been a matter of special attention to the Government of Viet Nam. The legal framework to protect intellectual property rights has also been progressively strengthened to improve the effectiveness of enforcement activities. Accordingly, the Criminal Code 2015 (amended) which took effect from January 2018 for the first time defining the criminal liability of legal entities to IPR infringements. This is an important step forward in bringing Vietnam's criminal law closer to the legal standards of the region and the world in order to create a healthy business environment that attracts foreign investment.
(Source: Dau tu)
Talking to Dau tu Online, a senior legal expert said: "Depending on the violation, the offending enterprise may be executed as an act of "Infringement of copyright and related rights" under Article 225 of the Criminal Code, or be administratively sanctioned according to the provisions of Decree No. 131/2013. / ND-CP on sanctioning administrative violations of copyright and related rights. That means criminal execution will be the highest level that businesses using illegally copied software could face”.
According to the assessment of representatives of the Inspectorate of the Ministry of Culture and Sports and Tourism after nearly a year from the effective date of the revised Criminal Code 2015, with the legal framework to deal with software piracy has become stricter "from the beginning of 2018, businesses have taken the initiative in using legal software, warning staff not install pirated software and using management software to minimize violations ".
Enterprises, generally speaking, tend to abide by the law, using only licensed software to support their operations. However, there are some foreign businesses who are possessing strong financial resources and famous brands still deliberately defy the law of the country.
Sharing the inspection plans in the coming year, representatives of the Ministry Inspectorate said: "We will continue to speed up inspection activities in the coming time. The inspection of copyright and related rights in general, copyright relevant to computer software in particular is part of our annual inspection plan. This work has been set forth and implemented on a regular basis".
The inspection agency also revealed that based on the owners’ written requests, the Inspectorate will annually inspect 80-100 enterprises nationwide. For software copyright inspection activities, the agency will conduct unannounced inspections when detecting signs of violation or when there are complaints or requests from the owner.
According to the BSA Global Software Survey 2018 published in June 2018, the share of unlicensed software installed in personal computers in Vietnam is 74%. Compared with the previous study published by the BSA in 2016, this rate has been reduced by 4% and compared to the 2004 figures (92%), Vietnam has reduced 18 points. BSA said, this is a significant reduction, thanks to the outstanding efforts of the Government of Vietnam who has continuously improve the legal framework, promote the enforcement and propaganda activities in the past 10 years.
Over the years, intellectual property protection has always been a matter of special attention to the Government of Viet Nam. The legal framework to protect intellectual property rights has also been progressively strengthened to improve the effectiveness of enforcement activities. Accordingly, the Criminal Code 2015 (amended) which took effect from January 2018 for the first time defining the criminal liability of legal entities to IPR infringements. This is an important step forward in bringing Vietnam's criminal law closer to the legal standards of the region and the world in order to create a healthy business environment that attracts foreign investment.
(Source: Dau tu)