The information technology industry is currently experiencing remarkable growth due to the increasing demand for accessing internet and electronic devices. Computer programs are created to provide a virtual space to meet this demand. These programs are the foundation of software, which is used in electronic networks, electronic devices, and telecommunications. Therefore, computer programs play a crucial role in helping people complete tasks promptly and accurately.
Creating a computer program requires knowledge, skills, precision, and creativity, which not everyone possesses. This can lead to issues related to the copyright of computer programs. Therefore, let's join NPLaw to explore this topic in more detail!
In Vietnam, the revenue of the software and information technology industry has increased by one and a half times in the 05 years from 2010 to 2015, reaching a value of over 3 billion USD. Of which, software (or computer programs) has contributed more than half of this figure.
This shows the important role and economic value of information technology in general and computer programs in particular for the economy and society of countries as well as the whole world. However, these developments cause computer programs to become targets for widespread illegal copying and using around the world. Up to 60% of computer users worldwide admit to using illegally copied software.
Information such as programs, symbolic instruction lines or symbolic declaration lines can be automatically converted into executable code instructions that can achieve the desired results; the source code and machine code of the computer are considered a work.
The value of illegally copied software reached 63.4 billion USD in 2011. The rate of software piracy in Vietnam is up to 81%, with a loss value of 395 million USD.
A computer program (software) is a collection of instructions or commands written in one or more programming languages in a specific order to instruct a computer to perform a specific task.
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According to Clause 1, Article 22 of the Intellectual Property Law 2005, amended in 2022, a computer program is understood to be a collection of instructions expressed in the form of commands, codes, diagrams or other forms attached to a medium or device operated by a computer programming language that has the ability to make the computer or device perform a specific task or achieve a specific result. A computer program is protected as a literary work, whether expressed in source code or machine code.
With the development of computer science, there are many types of computer programs that are very common today. These programs are used in various forms. Among them, there are common programs, as follows:
- Computer operating system
- Startup program
- Embedded program
- Microcode program
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III. Legal Regulations on Computer ProgramsAccording to Clause 1, Article 22 of the Intellectual Property Law 2005, amended in 2022, there are regulations applying for copyright for computer programs of authors and owners, as follows:
+ Written agreement on the repair and upgrade of computer programs;
+ Database collection is a creative collection expressed in the selection and arrangement of materials in electronic or other forms.
In addition, organizations and individuals who have the legal right to use a legitimate copy of a computer program, are allowed to make one backup copy to replace the copy when it is deleted, damaged or unusable, but it may not be transferred to another organization or individual.
Copyright for computer programs created by an individual is protected by law. When the owners complete the copyright registration procedure, they will be granted a Certificate of Copyright Registration by the Copyright Office.
According to Articles 14 and 18 of Decree 131/2013/NĐ-CP on administrative sanctions for infringements of copyright and related rights, copyright infringements of computer programs are subject to an administrative fine of from 5,000 VND to 35,000,000 VND for individuals. For organizations, the fine will be double that for individuals.
In addition, depending on the severity of the case, the offenders may also be subject to criminal liability under the Criminal Code 2015. Specifically, according to Article 225 of the Criminal Code 2015 amended by Point a, Clause 52, Article 1 of the Criminal Code 2017, offenders may be fined from 50,000,000 VND to 1,000,000,000 VND or subject to execute probation up to 03 years or imprisonment from 06 months to 03 years for individuals; fined from 1,000,000,000 VND to 3,000,000,000 VND or suspended from operation for a period of from 06 months to 02 years for commercial legal entities committing the crime.
According to Article 25 of the Intellectual Property Law 2005 (amended by Clause 7, Article 1 of the Intellectual Property Law amended in 2022), the cases are allowed to use computer programs without permission or payment of copyright fees, but the author’s name and the work’s origin must be indicated, as follows:
- Using the work in a reasonable manner for illustration in lectures, publications, performances, sound recordings, video recordings, and broadcasts for educational purposes. This use may include making the work available on an internal computer network, provided that technical measures are taken to ensure that only students and teachers in that particular class can access the work;
- Using the work in the official activities of state agencies;
- Importing copies of another person's work for personal use, not for commercial purposes.
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2. Can a computer program be registered for protection as a utility solution?According to Clause 2, Article 59 of the Intellectual Property Law 2005, computer programs are not eligible for protection as utility solutions.
According to Article 19 of the Intellectual Property Law 2005, amended in 2009, on copyright and related rights, when someone is hired to write a computer program, the employer is considered the owner of the copyright.
You should seek legal counsel for computer program issues because lawyers are knowledgeable about the law and can help businesses avoid unnecessary risks related to the copyright of computer programs. NPLaw has experienced lawyers who can provide peace of mind for Clients.
The above is basic information about computer programs. For more information related to computer programs, you can contact NPLaw to receive professional, prompt and reasonable legal consulting services.
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