INTELLECTUAL PROPERTY DISPUTES – REAL – LIFE CASES ARE CLOSER THAN YOU THINK

In practice, many intellectual property disputes do not originate from deliberate infringement or “copying”, but rather from early-stage negligence and lack of legal preparation.

There are businesses that have used their brand name and logo consistently for many years, only to discover—when expanding their operations—that the trademark had already been registered by another party. As a result, they are forced to change their brand identity and rebuild their entire branding system.

There are cases where businesses hire designers to create logos, slogans, or brand identity systems, but the contracts only specify design fees and fail to clearly address the transfer of copyright ownership, leading to disputes when the cooperation ends.

There are also brands that use images or phrases that go viral on social media, but source them from the internet without clear copyright authorization, and subsequently receive claims for compensation due to copyright infringement.

What these cases have in common is not the level of creativity involved, but rather:

• Who registered intellectual property rights properly, sufficiently, and in a timely manner
• Who had clear contractual arrangements regarding ownership rights
• Who prepared and retained legal evidence from the outset

Intellectual property is not merely about ideas—it is about legal strategy from the very beginning.

CHECKLIST OF INTELLECTUAL PROPERTY ASSETS TO REVIEW

1. Trademarks

☐ Trade names
☐ Logos
☐ Slogans
☐ Product and service trademarks

2. Copyrights

☐ Logos and brand identity systems
☐ Packaging designs
☐ Websites and application interfaces
☐ Marketing content, images, videos, and written materials

3. Related Rights & Digital Assets

☐ Images of models, KOLs, and personnel
☐ Music and videos used in advertising
☐ Content sourced from social media platforms

4. Trade Secrets

☐ Internal processes
☐ Customer data
☐ Business formulas and methodologies

RECOMMENDATIONS FOR PREVENTING INTELLECTUAL PROPERTY DISPUTES

• Conduct searches and register trademarks, logos, and slogans at an early stage of business operations.
• Clearly define ownership and usage rights in contracts with designers, agencies, and creative personnel.
• Properly retain evidence, including original files, drafts, emails, and records of creation and use.
• Closely monitor sources of marketing and media content, avoiding materials with unclear copyright status.
• Periodically review intellectual property assets, especially when expanding markets or restructuring the business.

PROFESSIONAL INSIGHTS FROM LEGAL PRACTICE

From practical experience in advising and handling intellectual property matters for businesses and individual entrepreneurs, it is evident that legal risks rarely stem from creativity itself, but rather from the failure to properly establish ownership and manage intellectual property assets from the outset.

From a practitioner’s perspective, early, accurate, and comprehensive legal preparation is the key factor in minimizing disputes and effectively safeguarding the value of intangible assets.

HT Legal VN
Right Solutions – Effective Results – Trust.
Law is not merely regulation, but trust.

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HT LEGAL VN LAW FIRM
A Vietnamese Limited Liability Law Firm

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