The enforcement of computer software regulations at enterprises is no longer “empty words” after two major raids for pirated software on 2 consecutive days.
Raids against two big enterprises, My Duc Ceramics and Deawoo - Hanel at the end of 2006, and another conducted on May 8 and May 9, 2007, revealed that 2 major enterprises in the locality, NIKKISO Vietnam Co. Ltd. and Hoang Ha Trading Co. Ltd. located at Tan Binh Industrial Zone used copright-infringing software programs. Such raids aim to reduce the Software Copyright violation rate to the regional average by 2010, as stipulated in Decision No.51/2007/QQÄ-TTg of April 12, 2007, in which the Prime Minister approved the Software Sector Development Programme to 2010. Raids will continue on a larger scale, not limited to Hanoi and Ho Chi Minh City as earlier.
The two above-mentioned raids were launched by inspectors of the Ministry of Culture and Information, in association with the Anti High-tech Crime Bureau and the Crime Investigating Department for Economic Crimes under the Ministry of Police. During the raids at NIKKISO (a Japan company), the interdisciplinary investigating mission found nearly 30 computers installed with infringing copies of software programmmes and used for company business activities. With clear evidence, NIKKISO’s managers had to admit the use and copy of software programmmes without the copyright holder's acceptance, and signed the administrative minutes of infringement. The investigation revealed illegal software at NIKKISO with an estimated value of VND 600 million.
At Hoang Ha trading Co. Ltd. the interdisciplinary investigating mission found more than 50 computers containing infringing software programmes with estimated value of VND 1 billion. The most popular applications of unlicensed software include Vietkey, ACDSee, WinRar, Adobe, Symantec Antivirus, Microsoft Visual Studio, Microsoft Windows XP, Microsoft Office Visio Professional Microsoft Frontpage, Microsoft Windows 2003 Server, Lac Viet–mtd 2002-EVA and some Microsoft programmes used for server computers. The interdisciplinary investigating mission told both companies to purchase legal software programmmes as soon as possible.
“Vietnam’s Information Technology sector has changed dramatically in recent years and received great recognition from foreign investors, especially as a software subcontractor. With big human resource potential, Vietnam could be listed as one of universal information technology service providers. Vietnam's WTO entry is a good opportunity for Vietnam IT to integrate into the world and accelerate its development. However, doing business with international companies requires strict transparency, clarity and a set of serious legal procedures. At present, Vietnamese law on IPR is similar to the international legal system and meets international demands. However, software infringement is still an issue of concern for foreign investors. If Vietnam can reduce the infringement rate to the regional average, it is sure to be chosen as an ideal investment destination. If so, Vietnamese enterprises’ reputation and opportunities in the world market will also be broadened,” said Mr Phháºm Tan Cong, General Secretary of Vietnam Software Association (VINASA)
IPR violation in Vietnam is a pressing issue, causing great dissatisfaction among innovators, enterprises and consumers. Especially, this matter will adversely affect innovation and the investment environment; discouraging foreign partners from investing in Vietnam. At present, computer software is the area with most violations. It is not easy for enterprises to conform to the new business environment where intellectual property rights are protected by law. However, it is a must as Vietnam is an official member of WTO. Joining a new playground requires businesses to change their practices, respecting IPR to avoid lawsuits and negative impacts on their brand image and reputation.
Software copyright protection also plays a crucial role in pushing ahead Vietnam’s fledging yet potential IT industry. Vietnam is making every attempt to create favorable conditions for greater foreign investment, and for the software industry to become the country's key economic industry. On April 12th 2007, the Prime Minister announced Decision No. 51/2007/QQÄ-TTg approving the Software Industry Development Programme to 2010. Accordingly, Vietnam targets over USD 800 mil per year from software and software service revenues by 2010. Also, Vietnam will be one of the leading countries in attracting foreign investment to its software sector, and one of the top 15 countries providing software subcontracting services. The software infringement rate target is at least as low as the regional average.
Thi Van