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3 Gonz. J. Int'l L. 1 (1999-2000)

handle is hein.journals/gjil3 and id is 1 raw text is: Vietnamese Copyright Laws: Foreign Copyright Owners Beware! A Comparative Analysis of its Evolution and Shortcomings. by Frederic P. Vimeux, J.D. FNa Table of Contents I. Introduction II. 3-Step Guide to Assessing Vietnam's Commitment A. Vietnam's New Copyright Laws: An Attempt to Reassure Investors 1. Birth of Copyright Protection in Vietnam 2. The New Civil Code Provisions of 1995: a. General Overview b. Loopholes Remaining in the New Civil Code: i. The Censorship Provision ii. The Fair Use Doctrine iii. 30-day Rule for Registration of Foreign Copyright iv. Enforcement of the New Civil Code: A Dream or a Reality v. A Need for Trained Jurists c. Case of Intellectual Property Confusion: The Walt Disney Episode B. Unachieved Requirements Imposed by International Treaties 1. The Berne Convention for the Protection of Literary and Artistic Works 2. Vietnam's Benefits in Joining the Berne Convention 3. Harsh Reality of Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) 4. Vietnam Must Enact Laws That Entitle Owners of Infringed Copyright to Judicial Injunction to Halt an Infringer's Illegal Activity a. TRIPS Requires Vietnam to Enforce Copyright Protection at its Borders b. The 1997 U.S.-Vietnam Bilateral Copyright Treaty Compared With the U.S.-China Experience i. The Agreement Discards the 30 day Rule for Registration of Foreign Works ii. The Internet Becomes a Copyrightable Work

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