phimmoizz.net

August trăng tròn, 2021

Websites streaming pirated movies in Vietnam have long been a conundrum for both copyright holders and Vietnamese authorities. Phimmoi, a site listed in the 2020 Review of Notorious Markets for Counterfeiting and Piracy of the United States Trade Representative, is perhaps the most infamous one, offering thousands of unauthorized films and TV series.

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In June 2020, at the request of the authorities, ISPs imposed site-blocking actions on Phimmoi.net and many other infringing sites. However, the blocking attempts were recognized as little more than vãn a temporary solution, as Phimmoi immediately came back under several new tên miền names such as phimmoizz.net, phimmoizzz.net, phimmoiplus.net, etc. Hence, dealing with digital nội dung copyright infringement has remained an arduous and troublesome issue in Vietnam.

It was a notable development, then, when on August 19, 2021, the Ho Chi Minh City Police Investigation Department shared that they are investigating a case of copyright and related rights infringement under the decision to lớn prosecute a criminal case related to lớn the trang web Phimmoi.net. Accordingly, the police have identified and summoned the Vietnamese developers and operators of Phimmoi, and are now in the process of investigating and verifying further evidence to lớn consolidate the case. To the best of our knowledge, this is the first time Vietnam’s police force has prosecuted a case of copyright infringement.

As stipulated in Article 225 of the năm ngoái Criminal Code (as amended in 2017), any person who, without the consent of the holders of copyrights and relevant rights, deliberately commits the acts of (i) making copies of works, đoạn phim recordings or audio recordings, and/or (ii) making copies of works, đoạn phim recordings or audio recordings publicly available, which infringe upon copyrights and relevant rights protected in Vietnam would be subject to lớn, depending on the nature of the infringement, a monetary fine of up to lớn VND 1 billion (USD 43,800), or up to lớn three years’ community sentence, or up to lớn three years’ imprisonment; and would also be prohibited from holding certain positions or doing certain work for one to lớn five years. These are the most serious criminal penalties available for intellectual property violations of an individual in Vietnam, and have not yet been tested in court.

Overall, this is a significantly positive signal from Vietnam’s authorities in combating online movie piracy, especially in the midst of Covid-19 pandemic lockdowns, when Phimmoi and similar sites have been seeing new peaks in visitor traffic. If this can be the first criminal case related to lớn copyright in Vietnam, it will create a huge impact on other infringers, making them realize the potential consequences of their infringing acts, and will also help raise the Vietnamese public’s awareness of online copyright infringement to lớn better preserve the creative works of filmmakers and IP right owners.

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On January 31, 2024, Myanmar’s Intellectual Property Department (IPD) announced that it would officially start accepting industrial design applications under the Industrial Design Law on February 1, 2024. The IPD made this public in Announcement No. 1/2024, which comes three months after the Industrial Design Law entered into force on October 31, 2023. The Industrial Design Rules, issued by the Ministry of Commerce (MOC) on September 29, 2023, are another key instrument regulating the registration of industrial designs in Myanmar. In addition, the MOC’s Notification No. 71/2023 issued on October 27, 2023, specifies the forms required for industrial design registration and related actions, and the fees are specified by the IP Agency under Notification No. 2/2023, issued on December 29, 2023. Industrial design owners (individuals and legal entities) can tệp tin registration applications for new industrial designs with the IPD electronically, in person (directly or through a local representative), or by post. To be registered under the Industrial Design Law in Myanmar, industrial designs must be “new,” meaning that they must not have been disclosed to lớn the public inside or outside Myanmar prior to lớn the application date or the date of priority, if priority is claimed. Owners who wish to lớn apply for and enjoy statutory protection of their industrial designs in Myanmar should start preparing all necessary documents and information for filing as soon as possible. For more information on industrial design registration in Myanmar or assistance in applying to lớn register industrial designs, please liên hệ Tilleke & Gibbins at [email protected].

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