Trimmers Vietnam Company Limited being sued for software piracy

Mr. Tarun Sawney, BSA | The Software Alliance’s Senior Director for Antipiracy in Asia-Pacific at the press conference

June 24, 2015 BSA│The Software Alliance has announced the court case against Trimmers Vietnam Company Limited for illegal use of software of Microsoft Corporation, which is a member of BSA.

Trimmers Vietnam is a 100% Korean-owned company 100%, located at Binh Phuoc A Hamlet, Binh Chuan Ward, Thuan An Town, Binh Duong Province, specialized in manufacturing garment accessories and bags.

Trimmers Vietnam is accused by Microsoft Corporation for illegal use of the number of its software in its business operations.

On September 26, 2013, based on Inspection Decision No. 225/QĐ-TTr made by the Chief Inspector of Ministry of Culture, Sports and Tourism (MOCST) the Inter-Ministerial Inspection Team consisting of MOCST’s inspectors of and officers of Division 4, C50, Anti Crimes General Department, Ministry of Public Security, has conducted an ad hoc inspection against Trimmers Vietnam on compliance with IP Laws relating to software copyright. 41 PCs were checked and majority of software installed were unlicensed, which included software of Microsoft, Adobe, Autodesk and Lạc Việt, who are members of BSA │The Software Alliance.

Although at the time of inspection, Trimmers Vietnam’s representative has signed the Inspection Minutes, having recognized that its illegal use of software is an infringement of IP laws, and given a pledge to terminate its infringement, purchase licensed software for its operation and pay compensations to software copyright owners, but later on took an uncooperative turn.

On behalf of the software copyright owner, which has been infringed by Trimmers Vietnam, Rebecca Ho, Senior IP Corporate Officer of Microsoft in Southeast Asia said: “During last two years we were trying to make settlement negotiations with Trimmers Vietnam but got no cooperation from its side. In context of enforcement authorities’ encouragement to settle IPR infringements through civil sanctions, we’ve decided to bring this case to the Economic Court of Binh Duong’s Court, and the case has already been accepted by the court on May 29, 2015. Binh Duong People’s Court will handle the mediation on July 2, 2015”.

The amount that Microsoft requested Trimmers to pay as compensation for damages is 748 millions Dong and court fees.

Mr. Tarun Sawney, BSA | The Software Alliance’s Senior Director for Antipiracy in Asia-Pacific, said: “Court System is a popular channel to settle software piracy cases in other countries in the region. I’ve seen strong Vietnam’s movement from using administrative sanctions to civil ones for IPR infringements, including software piracy. I believe this should be an effective measure to bring Vietnam software piracy rate down in coming years”.

This is the second company being brought to the civil court for software piracy after the first court case having been made at the end of 2013.