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Florida Journal of International Law

Authors

Julie Siefkas

Abstract

This Note examines three approaches that Vietnam may implement to successfully bring its copyright laws into conformity with international intellectual property standards. Part I introduces international copyright standards as defined by the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) and under TRIPS.

Part II reviews the independent, unilateral legislative measures enacted by Vietnam to establish copyright protection, including the Decree on Copyright Protection, the Ordinance on Copyrights, and the Vietnam Civil Code. The section will also illustrate the weaknesses of the laws and suggest measures to facilitate compliance with copyright laws.

Part III introduces the option of establishing joint agreements between Vietnam and other nations which would have the effect of bringing Vietnam with international IPR standards. Specifically, provisions of the recently enacted Vietnam-U.S. Copyright Agreement and the pending Bilateral Trade Agreement will be examined.

Finally, Part IV suggests that Vietnam model its intellectual property laws after Asian countries that have effective systems of copyright enforcement. This section will briefly examine Malaysian legislation and suggest the feasibility of Vietnam enacting and enforcing similar legislation.

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