Intellectual property is the core asset of corporate innovation and competitiveness. It covers a variety of areas such as trademarks, patents, copyrights and trade secrets. Effective intellectual property protection can not only maintain the market share of enterprises, but also provide legal protection for enterprises to prevent others from illegally using or copying their ideas and technologies. The protection of intellectual property is of great significance to promoting scientific and technological progress, promoting economic development and enhancing corporate brand value.

However, the impact of intellectual property infringement on enterprises cannot be ignored. Infringement usually refers to the unauthorized use, copying or sale of protected intellectual property, which may lead to loss of market share, damage to brand image and economic interests of enterprises. Infringement not only puts pressure on the financial situation of enterprises, but may also lead to legal proceedings, additional legal fees and resource consumption. Therefore, understanding how to effectively collect and preserve evidence of infringement and ensure timely legal action is a key step in protecting intellectual property and safeguarding the rights and interests of enterprises.

I. Legal Framework for Evidence Collection

In Vietnam, the protection of intellectual property rights relies on a strict legal framework and procedures. According to the Vietnam Intellectual Property Law and related regulations, when facing intellectual property infringement, enterprises must follow specific legal procedures to ensure that the evidence collected is legally effective. Vietnam’s intellectual property laws include detailed provisions on trademarks, patents, copyrights and trade secrets, with the aim of protecting the legitimate rights and interests of intellectual property holders and ensuring fair competition in the market.

The first requirement of legal procedures is that the evidence must be legal and authentic. The collected evidence must be obtained through legal channels and clearly reflect the actual situation of the infringement. In addition, the collection of evidence must follow a fixed procedure to avoid invalidating the evidence due to improper procedures. Specifically, enterprises should pay attention to the following basic principles when collecting evidence:

• legality:Evidence collection must comply with legal provisions and must not infringe upon the legitimate rights and interests of others.
• Authenticity:The evidence collected must accurately reflect the true circumstances of the infringement and avoid false or misleading evidence.
• Completeness:Make sure the evidence collected is as comprehensive as possible, including all relevant documents, records and objects.
• Timeliness:After an infringement is discovered, evidence should be collected in a timely manner to prevent it from being tampered with or disappearing.

Compliance with these legal procedural requirements can ensure a favorable position in legal disputes and enhance the effectiveness of intellectual property protection.

II. Types of evidence collection

Trademark Infringement

1. Identification criteria for infringement

The main identification criteria for trademark infringement include the unauthorized use of a mark that is similar or identical to a registered trademark, causing confusion among the public. Trademark infringement usually involves the copying, imitation or similar use of a trademark, which may lead to damage to brand reputation and loss of market share.

2. Evidence Collection Methods

Purchase and storage of infringing products

Purchase suspected infringing products and keep samples properly for subsequent verification and legal proceedings. The products should be kept in their original condition to avoid any possible tampering.

3. Sales records and advertising materials

Collect sales records, advertising materials and promotional materials related to the infringing products. These materials may include screenshots of online store pages, promotional leaflets, advertising videos, etc., to prove the marketing and sales of the infringing products.

4. Field investigation and evidence collection

Gather evidence through field investigations to record where the infringing products are sold, how they are displayed, and their market impact. Field investigations can provide additional evidential support, such as store displays and sales.

5. Customer Testimonials and Usage Reports

Collect testimonials and usage reports from customers to understand whether they have experienced confusion about the brand due to infringing products. Customer testimonials can provide direct evidence of trademark confusion and help demonstrate the actual impact of the infringement.

Patent Infringement

1. Identification criteria for infringement

The identification criteria for patent infringement include the unauthorized use of a patented technology or design. Infringement usually involves the infringement of patent rights and may include technology copying, imitation or similar use of technology.

2. Evidence Collection Methods

Technical Analysis of Infringing Products

Conduct technical analysis on the suspected infringing products to assess whether they fall within the scope of protection of the patent rights. This usually requires technical experts to conduct detailed technical comparison and analysis.

3. Patent document comparison

Compare the infringing product with the patent document to check if there are any similarities. The patent document should include the patent description, claims and drawings, etc. to confirm whether there is any infringement.

4. Patent Infringement Test Report

Obtain patent infringement test reports issued by professional institutions as evidence of infringement. These reports usually include technical inspections of products and infringement analysis results.

5. The infringer’s production and sales records

Collect the infringer’s production and sales records, including the product’s production line, sales channels and market distribution. These records help prove the scale and scope of the infringement.

Copyright Infringement

1. Identification criteria for infringement

Copyright infringement is defined as the unauthorized use or reproduction of a registered copyrighted work. This infringement may involve the copying, distribution or display of a work and often results in damage to the rights of the original creator.

2. Evidence Collection Methods

Preservation of samples of infringing works

Save samples of the allegedly infringing work, including text, images, audio or video files. Make sure the samples are intact so they can be used as evidence in legal proceedings.

3. Copyright registration certificate of original works

Collect proof of copyright registration for original works, including copyright registration certificates or other official registration documents, to confirm the legitimacy of the work and the rights of the original author.

4. Evidence of dissemination of the infringement (such as online records)

Collect evidence of the dissemination of infringing works, such as network screenshots, dissemination logs, and download records. These evidences can prove the scope and method of dissemination of infringing works.

5. The infringer’s usage records and dissemination channels

Obtain the infringer’s usage records and distribution channels, including their websites, social media accounts, and other publishing platforms. These records can help reveal the specific implementation of the infringement.

Trade secret infringement

1. Identification criteria for infringement

The identification criteria for trade secret infringement include unauthorized acquisition, use or disclosure of trade secrets. Infringement may involve misappropriation, disclosure or unfair competition of trade secrets.

2. Evidence Collection Methods

Proof of stolen trade secrets

Gather evidence of the stolen trade secrets, including a description of the secret information, its commercial value, and its impact on the business. This evidence helps prove the existence of the trade secret and its illegal use.

3. Analysis of competitors’ products or behaviors

Analyze competitors’ products or behaviors to find signs that may involve trade secrets. Through technology and market comparison, reveal competitors’ behaviors that may infringe trade secrets.

4. Internal communication records and leak evidence

Collect internal communication records and leak evidence, including emails, internal reports and leaked documents. These evidences can show the leakage path of trade secrets and its impact.

5. Testimony from external witnesses

Obtain detailed information about the trade secret breach through external witness testimony. Witness testimony can provide direct evidence of the circumstances and background of the theft of trade secrets.

III. Matters Needing Attention in the Evidence Collection Process

When collecting evidence of intellectual property infringement, it is crucial to ensure that the evidence is legally effective. First, the requirements of relevant legal procedures must be strictly followed to ensure that all evidence collection methods comply with the provisions of Vietnamese law. This not only ensures the legality of the evidence, but also ensures that it can be used smoothly in legal proceedings.

Secondly, ensuring the integrity and authenticity of evidence is a core principle. All collected evidence should be detailed, accurate, and properly preserved to avoid disputes in subsequent legal proceedings. Any tampering or omission of evidence may affect the fair handling of the case.

Finally, avoid illegal evidence collection or infringement of the rights of others. Evidence collection should be conducted within the scope permitted by law, and evidence should not be obtained through illegal means or by infringing on the legitimate rights and interests of others. Legal and compliant evidence collection can not only effectively support the case, but also safeguard the legitimate rights and interests of the enterprise and avoid potential legal risks.

IV. Steps to file a lawsuit in court

After collecting evidence of intellectual property infringement, if the company decides to file a lawsuit in court, it must follow the following steps:

1. Prepare a detailed list of evidence materials

First, all relevant evidence materials must be collated and prepared to support the litigation request. This includes but is not limited to evidence of infringement, documents proving rights (such as patent certificates, trademark registration certificates, copyright registration certificates, etc.), records of infringements, damage assessment reports, etc. Each material should be carefully checked to ensure its accuracy and completeness to meet the court’s requirements.

2. Procedures and requirements for filing a lawsuit in court

The process of filing a lawsuit usually includes filling out a complaint, preparing relevant attachments, and paying litigation fees. The complaint should describe in detail the infringement, the infringing party, the damages suffered, and the litigation request. After submitting the materials, the court will conduct a preliminary review and may require additional or corrected materials. Follow the procedural requirements of Vietnamese law to ensure that the litigation materials comply with the format and content regulations to avoid delays or rejections due to procedural issues.

3. Obtaining legal aid and professional advice

During the litigation process, seeking legal aid and professional advice is essential to ensure that the case proceeds smoothly. Legal advisors can provide professional guidance on evidence preparation, litigation strategies and legal procedures. In addition, legal aid agencies or professional law firms can help companies deal with complex legal issues and ensure that their legal rights and interests are effectively protected. When choosing a legal advisor, it is recommended to choose a professional with rich experience and good reputation to increase the success rate of the litigation.

Through the above steps, enterprises can effectively file lawsuits in court to safeguard their intellectual property rights.

V. Conclusion

In the process of intellectual property protection, evidence collection plays a vital role. Accurate and comprehensive evidence can not only effectively support infringement lawsuits, but also provide strong protection for enterprises in legal proceedings. By recording and collecting relevant evidence of infringement in detail, enterprises can clearly demonstrate the facts of infringement and thus obtain favorable legal rulings.

To safeguard intellectual property rights, we need not only to rely on effective evidence, but also to establish a sound internal management mechanism and strengthen awareness of intellectual property protection. At the same time, enterprises should continue to pay attention to changes in laws and regulations, and timely adjust and optimize their own intellectual property protection strategies. Looking to the future, with the improvement of the intellectual property legal system and the strengthening of international cooperation, enterprises will face more support and opportunities in safeguarding their own rights. By continuously improving the ability to collect evidence and the level of legal response, enterprises can better respond to market challenges and protect their own innovative achievements and commercial interests.