How are disputes over graphic design copyright of enterprises resolved?

Graphic design copyright disputes of enterprises have become increasingly common in enterprise operations and brand-building activities. Many disputes arise from the unauthorized copying, use, or modification of graphic designs, thereby affecting the lawful rights and interests of enterprises. Thus, understanding the applicable legal regulations and methods for resolving graphic design copyright disputes is essential.

I. Recent graphic design copyright disputes that have generated significant controversy

In recent years, numerous graphic design copyright disputes have attracted considerable attention from the business market. Such disputes commonly arise from the copying of logos, brand identity systems, advertising images, design interfaces, or the use of graphic design products without obtaining permission from the copyright owner.

In many cases, enterprises engage individuals or design service providers to create graphic products without clearly defining ownership rights, usage rights, and commercial exploitation rights. It often leads to disputes when one party continues to use the design or seeks compensation on the grounds that its copyright has been infringed.

Furthermore, the growth of digital platforms and social media has contributed to the widespread copying, modification, and unauthorized use of graphic design works. Many of these disputes have seriously affected brand reputation and enterprise operations while also leading to legal liabilities among the parties involved.

II. The concept of graphic design copyright disputes of enterprises

1. What is a graphic design copyright dispute of enterprises?

A graphic design copyright dispute of enterprises arises when disagreements occur between parties regarding copyright ownership of graphic design products such as logos, banners, brand identity systems, interfaces, or communication and marketing images. Such disputes commonly occur when a design is copied, used, modified, or commercially exploited without the copyright owner’s consent.

2. Between which parties do graphic design copyright disputes commonly arise?

Graphic design copyright disputes frequently arise between enterprises and designers, freelancers, or graphic design service providers regarding ownership rights and rights to use the design products. In many instances, an enterprise engages a party to design logos, banners, or brand identity systems without clearly agreeing on the transfer of copyright ownership, resulting in disputes when the designs are subsequently exploited or utilized.

Additionally, disputes may arise between enterprises where one party alleges that its design has been copied, modified, or used without authorization in advertising, communication, or commercial activities. Furthermore, disputes may occur between copyright owners and users of graphic designs when the use exceeds the authorized scope or is conducted without the copyright owner's consent.

3. Which types of graphic designs commonly lead to disputes?

The types of graphic designs most frequently involved in disputes include logos, brand identity systems, advertising banners, posters, product packaging, website interfaces, application interfaces, communication images, and marketing materials. As these products are widely used in commercial activities, they are particularly susceptible to unauthorized copying, modification, and use.

In addition, designs created for social media platforms, advertising videos, illustrations, icons, infographics, and exclusive creative design templates often become the subject of disputes when ownership rights or permitted usage scopes are not clearly defined among the parties involved.

III. Legal regulations relating to graphic design copyright disputes of enterprises

1. Conditions for graphic designs to be protected by copyright

Pursuant to Point g, Clause 1, Article 14 of the Law on Intellectual Property 2005 (as amended by Clause 5, Article 1 of the amended Law on Intellectual Property 2009), works of fine art and applied art are among the categories of works eligible for copyright protection. Accordingly, graphic design products such as logos, banners, posters, product packaging, brand identity systems, and design interfaces may qualify for protection under applicable law.

In addition, Clause 3, Article 14 of the same Law provides that a protected work must be directly created by the author through his or her own intellectual effort and must not be copied from another person's work.

Furthermore, according to Clause 1, Article 6 of the Law on Intellectual Property 2005 (supplemented by Clause 2, Article 1 of the amended Law on Intellectual Property 2025), copyright arises from the moment a work is created and expressed in a tangible form, regardless of whether it has been registered. Thus, a graphic design will be protected by copyright if it satisfies the requirement of originality and is embodied in a specific form in accordance with the law.

2. What rights are included in copyright protection for graphic designs?

Pursuant to Article 18 of the Law on Intellectual Property 2005, copyright in graphic designs comprises both moral rights and economic rights.

Specifically, under Article 19 of the Law on Intellectual Property 2005 (as amended by Clause 5, Article 1 of the amended Law on Intellectual Property 2022), the author's moral rights include:

• The right to title the work;
• The right to have his or her real name or pseudonym indicated on the work;
• The right to publish the work or authorize others to publish it;
• The right to preserve the integrity of the work and prevent modifications, alterations, or distortions that may prejudice the author's honor or reputation.

In addition, according to Clause 1, Article 20 of the Law on Intellectual Property 2005 (as amended by Clause 5, Article 1 of the amended Law on Intellectual Property 2022), economic rights relating to graphic designs include:

• The right to create derivative works;
• The right to copy/reproduce the whole or any part of the work;
• The right to distribute or import the original or copies of the work;
• The right to broadcast or communicate the work to the public via the Internet or other technical means;
• Other commercial exploitation rights as provided by law.

Based on Clause 2, Article 20 of the Law on Intellectual Property 2005 (as amended and supplemented in 2009, 2019, 2022, and 2025), organizations and individuals exploiting or exercising economic rights in relation to graphic designs must obtain permission from the copyright owner and pay royalties or other material benefits, except where otherwise provided by law.

3. Procedures for initiating legal proceedings in graphic design copyright disputes

Step 1: Pursuant to Article 189 of the Civil Procedure Code 2015 (as amended and supplemented in 2025), the plaintiff must prepare a statement of claim and supporting evidence, including:

• Documents proving copyright ownership or ownership of the graphic design;
• Certificate of Copyright Registration (if any);
• Design contracts, assignment agreements, or related arrangements;
• Evidence demonstrating copyright infringement;
• Documents proving actual damages.

Step 2: Individuals and organizations have the right to initiate legal proceedings to request the court to protect their lawful rights and interests when their copyright in a graphic design has been infringed according to Article 186 of the Civil Procedure Code 2015 (as amended and supplemented in 2025).

Step 3: After receiving a valid statement of claim and supporting documents, the court will review and accept the case in accordance with applicable legal procedures under Article 191 of the Civil Procedure Code 2015 (as amended and supplemented in 2025).

Step 4: During the proceedings, the parties may submit additional evidence, participate in mediation, or engage in litigation at trial. According to Article 198 of the Law on Intellectual Property 2005 (supplemented by Point b, Clause 76, Article 1 of the amended Law on Intellectual Property 2022), copyright owners are entitled to require infringing parties to cease the infringing conduct, issue a public apology, and compensate for damages.

Step 5: Once the judgment or decision becomes legally effective, the parties are obliged to comply with and implement its contents.

4. How can an enterprise claim damages in a graphic design copyright dispute?

Under Clause 1, Article 204 of the Law on Intellectual Property 2005 (as amended and supplemented in 2009, 2019, 2022, and 2025), damages resulting from intellectual property infringements include:

• Material damages, such as property losses, reductions in revenue or profits, loss of enterprise opportunities, and reasonable expenses incurred to prevent or remedy the damage;
• Moral damages, including harm to the reputation, prestige, or honor of the author or copyright owner.

Pursuant to Clause 1, Article 205 of the Law on Intellectual Property 2005 (as amended by Clause 11, Article 2 of the Law on Insurance enterprise and the amended Law on Intellectual Property 2019), an enterprise may request the court to determine compensation based on:

• The total actual damages suffered and the profits obtained by the infringing party;
• The hypothetical licensing fee corresponding to the scope of the infringement;
• Other methods of calculating damages as permitted by law.

Furthermore, based on Point d, Clause 1, Article 205 of the Law on Intellectual Property 2005 (as amended by Clause 11, Article 2 of the Law on Insurance enterprise and the amended Law on Intellectual Property 2019), if the amount of damages cannot be determined precisely, the court may award compensation of up to 1 billion VND.

In addition, Clause 3, Article 205 of the Law on Intellectual Property 2005 (as amended and supplemented in 2009, 2019, 2022, and 2025) provides that enterprises may require the infringing party to reimburse reasonable attorney's fees incurred in the dispute resolution process.

IV. Questions regarding graphic design copyright disputes of enterprises

1. Is an enterprise required to register copyright for graphic designs?

Pursuant to Clause 1, Article 6 of the Law on Intellectual Property 2005 (supplemented by Clause 2, Article 1 of the amended Law on Intellectual Property 2025), copyright arises from the moment a work is created and expressed in a certain tangible form, regardless of whether it has been registered.

Accordingly, graphic designs such as logos, banners, posters, brand identity systems, and design interfaces are protected by copyright immediately upon their lawful creation, provided that they satisfy the statutory requirements for protection.

Nevertheless, enterprises are advised to register their copyrights in order to obtain additional evidence of ownership in a dispute. A Copyright Registration Certificate can significantly facilitate the enforcement process against infringing acts and support claims for damages in accordance with applicable laws.

2. How can ownership of a graphic design be proven in a dispute?

To prove ownership of a graphic design in a dispute, an enterprise should provide documents and evidence demonstrating the creation and lawful use of the work, including original design files, preliminary sketches, work-related correspondence, design contracts, stored data, and records evidencing the date of publication of the work.

Pursuant to Clause 1, Article 6 of the Law on Intellectual Property 2005 (supplemented by Clause 2, Article 1 of the amended Law on Intellectual Property 2025), copyright arises from the moment a work is created and fixed in a tangible form, irrespective of registration.

In addition, Clause 2, Article 49 of the Law on Intellectual Property 2005 (as amended by Clause 14, Article 1 of the amended Law on Intellectual Property 2022) provides that copyright registration is not a mandatory condition for enjoying copyright protection. However, under Clause 3, Article 49, organizations and individuals who have been granted a Copyright Registration Certificate are not required to prove their copyright ownership in a dispute, unless evidence to the contrary is presented.

3. Can graphic design copyright infringements be handled through administrative measures?

Infringements of graphic design copyrights may be addressed through administrative enforcement measures in accordance with Decree No. 341/2025/ND-CP.

Pursuant to Clause 1, Article 3 of Decree No. 341/2025/ND-CP, infringing organizations and individuals may be subject to monetary fines. Furthermore, Clause 2, Article 3 provides that infringers may also take confiscation of infringing goods and means used to commit the infringement, as well as other supplementary sanctions.

In addition, Article 4 of Decree No. 341/2025/ND-CP prescribes various remedial measures, including mandatory removal of infringing copies from the Internet, compulsory destruction of infringing copies, public apologies, and disgorgement of unlawful profits derived from the infringing conduct.

Moreover, under Clause 1, Article 5 of Decree No. 341/2025/ND-CP, the maximum administrative fine is 250 million VND for individuals and 500 million VND for organizations.

4. Can enterprises resolve disputes through mediation or arbitration?

Enterprises may resolve graphic design copyright disputes through negotiation, mediation, or arbitration in accordance with applicable legal provisions.

Pursuant to Point d, Clause 1, Article 198 of the Law on Intellectual Property 2005 (supplemented by Point b, Clause 76, Article 1 of the amended Law on Intellectual Property 2022), intellectual property rights owners are entitled to initiate proceedings before courts or arbitration tribunals to protect their lawful rights and interests when copyright infringement occurs.

Furthermore, Point b, Clause 1, Article 198 of the Law on Intellectual Property 2005 (as amended by Point a, Clause 76, Article 1 of the amended Law on Intellectual Property 2022) allows rights owners to require infringing parties to cease the infringement, remove infringing content, issue public apologies, and compensate for damages. In practice, these rights often provide the basis for parties to prioritize negotiation or mediation before resorting to formal adjudicative proceedings.

Resolving disputes through mediation or arbitration often enables enterprises to save time and costs, maintain confidentiality of enterprise information, and minimize adverse impacts on commercial relationships between the parties.

5. What difficulties do enterprises commonly encounter when handling graphic design copyright disputes?

When dealing with graphic design copyright disputes, many enterprises have challenges in proving ownership of the work, particularly where copyright has not been registered or where documents relating to the design creation process has not been adequately preserved.

In addition, identifying acts of unauthorized copying, modification, or use of graphic designs in the online environment can be particularly challenging because content may be altered, deleted, or rapidly disseminated across multiple digital platforms.

Furthermore, many enterprises fail to establish clear agreements regarding ownership rights and usage rights in design products with employees, freelancers, or design service providers, resulting in disputes when the works are commercially exploited.

Pursuant to Clause 1, Article 204 of the Law on Intellectual Property 2005 (as amended and supplemented in 2009, 2019, 2022, and 2025), damages arising from intellectual property infringements include both material damages and moral damages. However, in practice, proving specific losses and determining an appropriate level of compensation often requires considerable time and expense.

V. Why should you seek legal advice from NPLaw regarding graphic design copyright disputes of enterprises?

Graphic design copyright disputes frequently involve complex legal issues such as determining ownership of works, proving infringement, seeking compensation for damages, and addressing violations occurring in digital environments. Without an appropriate legal strategy, enterprises may encounter significant difficulties in protecting their lawful rights and interests.

With a team of experienced intellectual property lawyers, NPLaw assists enterprises in determining copyright ownership of graphic designs, reviewing legal documents, registering copyrights, and representing clients in dispute resolution proceedings in accordance with applicable laws.

In addition, NPLaw provides support in negotiations, mediation, administrative enforcement proceedings, and representation before courts and arbitration tribunals to ensure maximum protection of clients' rights and interests in graphic design copyright disputes.

The information provided above is for reference purposes only. Should you require detailed legal advice regarding a specific matter, please contact NPLaw Firm for prompt consultation and assistance.