1. Intellectual property (IP) and intellectual property rights in the field of culture and tourism (VHDL)
Intellectual property, also known as intellectual property, is a concept that refers to all the creative values of the human mind formed during the process of production and life. Specifically, it includes products of intellectual and spiritual activities such as literary and artistic works, scientific works, inventions, inventions, useful solutions, industrial designs, and parts. software, computer hardware, trademarks, trade names, business secrets, plant varieties…(1).
In previous periods and societies, because the characteristics of productive labor were still heavily physical, manual, and general awareness was simple, people mainly only cared about material and tangible factors. of assets or products, without paying much attention to the intangible, intellectual elements inside. But when the industrial economy and knowledge economy boomed, the structure that created the value of goods shifted with the increasing proportion of contributions from science, technology, technology and intellectual content, contributing The key and decisive role has changed awareness and created many clear and strict regulations for the IP field. One of the most critical points that the world has focused on discussing and trying to establish over the past decades is the issue of intellectual property rights.
Simply put, intellectual property rights are understood as rights to intellectual property, or more specifically, rights to creative products of intellectual and spiritual activity. Since the end of the 19th century, these rights were first officially recognized internationally in the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary Works. art (1886). However, for a long time, there are still many different views on the contents and provisions of the Conventions. It was not until 1994, when the World Trade Organization (WTO) was established and the Trade Agreement on IPR was signed, that the international community had a unified source of standards and obligations on intellectual property rights. IP (2). In particular, previously, a global organization on intellectual property rights was also established in 1967 (World Intellectual Property Organization – WIPO) and became a specialized agency of the United Nations from 1974 until now. In addition to the Establishment Convention, this place also manages 22 international treaties on IP, including 16 treaties on industrial property and 6 treaties on copyright (3).
Based on the viewpoints recognized by international organizations and treaties, the current content of intellectual property rights is basically determined to include three elements: industrial property rights, copyright rights and plant variety rights. planting (4). However, unlike other property rights, the protection of intellectual property rights often has certain unique characteristics. Among them, the most important and prominent are the limitations of space and time. Regarding space: IP rights are only protected within one country. Expanding the scope to many countries is only recognized when these countries participate in an international treaty on intellectual property rights protection; about time: each country often has specific regulations on the term of protection for objects of intellectual property rights. At the end of the protection period (including the extension period, if any), that intellectual property will become the common property of all humanity. This is intended to balance the rights and interests of intellectual property owners with public interests.
Comparing to the field of Literature, with its own content and characteristics, the issue of intellectual property rights is mainly recognized and governed by the issue of copyright. Specifically, it is the copyright associated with literary and artistic works, performances, audio and video recordings, broadcast programs, or trademarks and tourism brands…
2. Legal practice on intellectual property in the VHDL industry in Vietnam
In the process of the country’s economic development and regional and international integration following the increasingly strong and widespread globalization trend, intellectual property and intellectual property rights have become important issues, posing many requirements that need to be addressed. recognized and legally protected. Therefore, in recent years, there have been many different legal regulations from high to low, from general to specific in this field that have been developed and applied by the State and agencies in Vietnam.
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The most typical and important is the Intellectual Property Law promulgated in 2005. With 6 parts, including 222 articles, this law comprehensively and specifically summarizes and regulates IP issues. Of these, there are a total of four rights: copyright, rights related to copyright, industrial property rights, and rights to plant varieties, which are determined to be within the scope of regulation of the law (5). Corresponding objects of intellectual property rights are divided into 3 groups: copyright objects include literary, artistic, and scientific works. Objects of rights related to copyright include performances, audio recordings, video recordings, broadcast programs, satellite signals carrying encrypted programs; Industrial property rights include inventions, industrial designs, semiconductor integrated circuit layout designs, business secrets, trademarks, trade names and geographical indications; The subjects of rights to plant varieties are plant varieties and propagating materials (6).
In addition, before and after the 2005 IP Law, it is necessary to mention the Law amending and supplementing a number of articles of the 2009 IP Law, provisions in the 2005 Civil Code, Circulars and Decisions. of the Government and ministries, branches, documents guiding law enforcement… All create a comprehensive and clear legal system on the issue of intellectual property rights protection in Vietnam from a general legal perspective, to each specific professional field such as VHDL: Decree 72/2000/ND-CP of the Government on publishing and disseminating works abroad; Decree 100/2006/ND-CP of the Government detailing and guiding the implementation of a number of articles of the Civil Code and Intellectual Property Law on copyright and related rights; Decree 105/2006/ND-CP of the Government detailing and guiding the implementation of a number of articles of the Intellectual Property Law on protection of intellectual property rights and state management of intellectual property; Circular 01/2009/TT-BVHTTDL of the Ministry of Culture, Sports and Tourism guiding cultural and art exhibition activities in Vietnam and bringing Vietnamese cultural and art exhibitions abroad as stipulated in Decree No. 11/2006 /ND-CP of the Government promulgating regulations on cultural activities and business of public cultural services and Decree No. 72/2000/ND-CP of the Government regulating the publication and dissemination of works abroad outside…
Thus, the construction and improvement of the legal framework on intellectual property and intellectual property rights in Vietnam in general, as well as in the field of VHDL in particular, has been implemented for many years by the State and ministries and branches. care, attention. This creates important and necessary foundations for management, awareness, and enforcement activities on IP issues in Vietnam’s development and integration process.
3. Practical awareness and enforcement of intellectual property in the VHDL industry in Vietnam
Intellectual property and intellectual property rights are considered inevitable values that arise and exist when a product or type (tangible or intangible) is created during the labor and creative process of humanity. However, the perception of it is not the same across countries and peoples. If in developed countries, the issue of intellectual property and intellectual property rights has been concerned and respected for a long time, then in many countries, including Vietnam, this is still quite new and limited. In the process of developing, integrating with the world and participating in many common international institutions (ASEAN, WTO…) with high and strict requirements and requirements on IP protection, Vietnam really encounters many difficulties and obstacles due to these differences. Recognizing that, as well as understanding that this is an issue that cannot be denied or avoided, since the early 1980s, Vietnam has gradually approached and embarked on building a fairly systematic legal framework. system on intellectual property issues, has brought about many fundamental and positive changes in the management and enforcement of intellectual property in the country, adjusting most social relationships related to creative activities and rights protection. for intellectual property created by citizens, which the VHDL industry is an important area under influence. According to data and reports of the National Office of Intellectual Property – Ministry of Science and Technology, in recent times, especially after the Law on Intellectual Property was promulgated in 2005, the awareness related to IP of individuals and organizations has increased. , Vietnamese enterprises have increased significantly, on average about 10% per year (7). Report 202/BC-BVHTTDL, dated December 10, 2008, of the Ministry of Culture, Sports and Tourism also recorded that from 1986 to November 20, 2008, there were 28,605 certificates of registration of copyrighted works, performances, and copies. Audio recording, video recording, and broadcasting programs fall under relevant rights granted (8). And in just 10 years from 2006 to the end of 2015, the Copyright Office accepted and issued 43,450 registration certificates, including 43,321 copyright registration certificates; 129 related rights registration certificates. The number of copyright registration certificates and related rights registration certificates increases annually by about 6% (9).
However, besides the achieved results, the situation of management, enforcement and compliance of intellectual property rights in the VHDL industry still has many weaknesses and inadequacies that have not been filled. Although the number of registration dossiers to establish intellectual property rights for literary works, artistic works, performance programs… continuously increases and increases rapidly each year, it is still very low compared to requirements. Meanwhile, violations of intellectual property rights are still widespread, common, complex and difficult to control, mainly focusing on copyright issues, printed books, movies, and computer software copyright. count… In just over 2 years from 2006 – 2008, the Culture, Sports and Tourism Inspectorate inspected 31,477 business and service establishments, discovered and handled 10,599 violating establishments, issued warnings to 786 establishments, and suspended operations of 437 establishments. facility, temporarily confiscated 203 business licenses and practice certificates, transferred criminal prosecution files for 10 cases. Total fine amount 23,144,960,000 VND (10). In particular, according to 2007 data from the Copyright Office of Literature and Arts, the copyright infringement rate in Vietnam is very high (88%) (11). These are clearly telling numbers, showing the seriousness of the implementation of IP issues in Vietnam today. But many opinions say that this may be just the tip of the discovered iceberg.
4. Change the conclusion
There are many different reasons given to explain the current situation of IP in the VHDL industry in Vietnam recently. However, the most basic and main reasons focus on:
Firstly, due to its vast nature, covering all aspects of social life and often containing many more abstract, qualitative, synthetic, and multidimensional elements, it is not always easy to identify clearly. specifically and clearly in the field of VHDL, so the development of legal regulations as well as the organization of management and enforcement of intellectual property issues face many difficulties and obstacles. For example, folk cultural values belong to the people, by the people, and are created by the community, not just any individual. But they are still being exploited by many individuals and organizations to bring a lot of economic and commercial value in business activities without being regulated or sanctioned by the provisions of the IP Law. For example, a phenomenon in the field of applied arts, decorative motifs of ethnic minorities are freely used by design companies to create industrial products (cement tiles, wallpaper). walls, costumes…). These products are sold on the market freely but the community – the IP owner of the products – does not benefit.
Second, in the current context of strong and profound economic and social development and international integration in Vietnam, the fields of culture and tourism are also becoming more booming and vibrant. This, therefore, has been and will continuously pose new situations and requirements for IP issues that the law and authorities cannot always keep up with to update or adjust.
Third, most opinions agree that the main cause lies in the awareness of this issue of the majority of people and individuals and organizations participating directly or indirectly in the fields of literature and tourism. limited, even weak, superficial. Although the legal regulations still have many gaps and are incomplete, they still cover basic IP content and issues. However, for many reasons, they have not been conveyed to the people and to officials and employees working in the field of VHDL fully and effectively.
From such reality, if allowed to continue, it will cause many adverse effects on the stable and sustainable development of the VHDL industry, as well as the general development of the knowledge economy, negatively affecting the image of the tourism industry. image and competitiveness of Vietnam in the process of promoting cooperation and integration with the region and the world. Therefore, one of the most practical and urgent requirements today is to promote propaganda and dissemination of existing legal regulations on IP to a large number of officials and people, in order to In the shortest possible time, it is possible to raise people’s awareness of this issue, especially in the context that Vietnam’s commitment deadline with international institutions is increasingly approaching.
Looking around, many countries have built training programs and practical activities in IP and IP rights issues that are highly effective such as the United States, UK, France, Australia, Japan… This can be is considered a basis for Vietnam to learn from experience and apply it effectively, suitable to the context and national characteristics.
