The Berne Convention is
a convention for the protection of works of art signed in Berne, Switzerland in
1886. The Convention sets out three basic principles and a the provisions
defining minimum protection as well as special provisions for developing countries
on copyright.
1. The principles of
copyright protection under the Berne Convention
1.1. Principle of
national treatment
The principle of
national treatment is the basic and important principle not only recognized in
the Berne Convention but also in many other international treaties on
intellectual property as well as in the laws of many countries in the world.
1.2. Principles of
automatic protection
Copyright protection is
the protection of individual creativity in the form of expressing ideas,
therefore, when people create and express ideas in a certain objective form,
they also generate copyright without a conditions or procedures.
1.3. Principles of
independent protection
The enjoyment and
performance of the rights of independent protection are not subject to any
formula or procedures; this enjoyment and performance are completely
independent of whether the work is protected in the country of origin or not.
Therefore, in addition to the provisions of this Convention, the level of
protection as well as the means of claiming guarantees for authors to protect
their rights will be entirely determined by the law of the country where the
protection is applied.
2. Impact of copyright
protection principles in the Berne Convention on Vietnam
When Vietnam joined the
Berne 1886 Convention, there were changes and impacts on the system and process
of copyright protection. In October 2004, the Berne Convention entered into
force in Vietnam. It can be said that it marked an important step in the
process of international integration and can be considered as a day to open a
future for the copyright industry in Vietnam.
The Berne Convention has
created a legal framework, creating a basis for Vietnam to improve the system
of copyright protection laws
(Intellectual Property Law, Civil Code) in accordance with international
treaties, provide a legal environment for comprehensive international
integration. The accession to the Berne Convention is open to authors, owners
of works, financial investors and services in this area of Vietnam that may
facilitate the transfer of copyrights of type of literary, artistic and
scientific works.
Prospects for expanding
investment and expanding the market of Vietnamese literary and artistic works
in the convention member countries and the convention's member states in
Vietnam are developed. In addition, Vietnam's cultural environment is also purified,
avoiding copyright infringement, using other people's works to exploit excluded
profits.
According to the Berne
Convention with the principle of automatic protection, works of Vietnamese
authors will be automatically protected for all countries that are parties to
the Convention. But at the same time, with that benefit, it is the
responsibility of protection of works by authors from over 160 Berne Union
member countries. The objects are literary, artistic and scientific works that
Vietnam has to protect very diverse. This is really a heavy responsibility,
requiring us to seriously implement our commitment to copyright protection.
3. Achievements and
obstacles when Vietnam joins the Berne Convention
Since Vietnam joined the
Berne Convention, in social life, awareness of the use of literary, artistic
and scientific works for profit purposes without permission of the author is a
violation of the law is increasing. The authors have taken more care and
initiative in protecting their creations or possessive. Organizations and
associations that protect the rights of authors increasingly assert their role,
effectively protect the rights in accordance with the law of the author.
However, the situation
of copyright infringement is
still complicated with frequent levels in most areas and in an alarming
situation. The authorities have encountered many difficulties in the
enforcement of copyright. The handling of violations of copyright still faces
many difficulties and inadequacies. Currently, there has not been adequate
attention to the copyright incentives enjoyed by Vietnam.
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solutions. Hope that clears things up a bit. Feel free to message me directly
to chat further about any other IP questions that you face.
