Implications

The infraction of intellectual property rights in the long run will have negative effects not
only on the economy but also on the society as a whole. Econmically, within our scope of
discussion, whereas, it costs those who copy nearly nothing, the expenditure spent on and
risks associated with creating new software with novel application is considerably high.
This would cause a great loss to investors and providers. Socially, the fact that an innovated
work can easily become common good would potentially lead to stagnation in creativity.
There is no incentive for both investors and writers to lavish their money and effort in
creating wonderful new things.

In the case discussed above, if the number of users of C Rm + increase rapidly, Google
Chrome will suffer. Those who are currently using Gmail, Google search, etc. will switch
for such applications of C Rm + and the economic benefit will go away with them.
Developers of Google Chrome worked 9 years to finally develop a Chrome OS to
incoporate their apps and many years to come until its users reach 5 million. C Rm +
developers, however, announced 5 million users in one year (2013 - 2014) and the time
spent on forming the OS is certainly not long. The dispute is not yet clear, but this does
cause certain inconveniences for both parties.

There are lessons for other foreign and domestic software developers to bear in mind to
avoid to the minimum such disagreement in the future. More importantly, there are several
ways that Vietnam government, specifically NOIP, can do to enhance the impacts of IPR.
1- Foreign Developers:
Indvidual business can protect themselves by self-help solutions. When launching the new
software in Vietnam, the first thing every developer should do is to register for relevant
property rights protection at NOIP because some rights protection is subject to territory.
Beforehand, they should learn well the IP law system, level of administration to enforce IP
law, etc and get assistance and counsel from local IP experts and competent agency. As
long as their software products are used in Vietnam, they should keep a close track on
changes in IP law and identify any infringement by having regular report, for instance.
With regard to the product itself, the writer should design it in the way that is difficult to
follow and the product should be upgraded as frequently as possible to differentiate it from
replica ones.

Moreover, governments and international organizations can assist in reinforcing IPR and
pintpointing violation in Vietnam. They can do so through aggreements, reports,
technology, etc. Take the USA as an example, the country deploys many tools to make sure
that their products, software in particular, are protected under IPR globally. They have
special report on IPR climate in foreign countries, and they are ready to use trade sanctions
against countries that fail to comply with Agreement. They also use sophisticated tools to
notify infringement such as hologram and recognition software, security papers, security
labels, radio frequency identification, and digital watermarking.

2- Domestic Developers:
Software designers should learn to understand and respect IPR. Before putting effort and
money in a project, they should carry thourough research on which source of knowlegde is
open and which one has already been granted protection. This search cost will be
compensated by cost of settling possible dispute and sunk cost in the future if there is any
conflict. They can also come to NOIP to ask for advice on IPR matters. Additionally, they
should track changes in software areas and IPR to have wise move in every decsion.

In case of unintentional infringment, it is advisable that they follow the law to show respect
to the authentic writers without enforcement. Such would create good precedents so the IPR
climate of Vietnam would be better in the near future.

C Rm + website can not be accessed but it still operates on facebook without any
changes. Since its OS does have certain features outdoing that of Google Chrome,
transforming components which are considered as violation of IPR will bring them success
without any notoriety.

3- Vietnam Government and NOIP:
The government of Vietnam has shown a clear determination to enforce IPR by issuing IP
Law 2005 and participation in various IPR Aggreements. NOIP also plays quite an
important part in the implementing the regualtions of IPR. The agency publishes a report on
Intellectual Property activity with updated information and statistics. It forms bi-lateral and
multi-lateral cooperation in dealing with IPR matters. IP research and training are carried
out annual too not only to subjects of IPR but also to public. NOIP has made real effort in
making the IP registration process less and less complex and in resolving dispute.

Those are only part of positive actions towards promoting IPR of the government.
Nonetheless, there are rooms for development. Enforcement agencies have found it difficult
to keep up with recent rapid changes to the law, and administrative enforcement is
complicated by the large number of bodies involved. Administrative action is the usual
route for dealing with infringements, offering low-cost, quick results. However, this
deterrent effect is limited because of the low level of penalties and lack of compensation.
Furthermore, the technical facility is indequate to identify infringement. Stricter measures
are recommended to stop people from commiting the crime. The public education about the
importance of IPR should be done more widely and intensively so that nearly everyone
becomes aware of it. The process of dealing with infringment should be made simpler by
involving fewer bodies or by identifying clearly the authority of each body.

Implications presented above can fall short due to the limit in time and research. However,
we have tried our best to address important and basic points that can be drawn from the
case.