Copyright in Universities: An Exploratory Study from Vietnam

Abstract

International law and the laws of most nations today acknowledge and safeguard the intellectual property rights of both organizations and individuals. This recognition serves to stimulate innovative and creative endeavors, facilitate the dissemination of scientific, technological, cultural, and artistic advancements, foster economic and societal development, and enhance the overall quality of life. Intellectual property assumes a critical role as a driving force behind innovation and creativity, fostering the growth of a nation's intellectual assets in terms of both quantity and value. This, in turn, contributes to bolstering creative capabilities and fostering a healthy competitive environment. Nevertheless, intellectual property rights violations are not uncommon, particularly in the context of higher education institutions in Vietnam. In this article, the authors employ qualitative research methods, following the "three-step test" outlined in the Berne Convention of 1971 for the protection of literary and artistic works, in conjunction with the stipulations of Vietnamese Intellectual Property Law. The results of this examination aid in the identification and location of infringements on the author's rights, such as inappropriate citation and plagiarism within university settings. Subsequently, the authors propose various solutions, which include legal adjustments, strategies for managing intellectual property, the establishment of cross-sectoral and inter-university networks, and the regulation of the responsibilities of scientific councils. These measures are intended to mitigate instances of intellectual property rights violations within Vietnamese universities in the present day.

Keywords: Copyright, three-step test, intellectual property rights, infringement, universities…

DOI: 10.7176/JLPG/137-02

Publication date:October 31^st 2023