What is trade secret according to the law in Vietnam? What are the fines for misappropriation of trade secrets in Vietnam?
What is trade secret according to the law in Vietnam? What are acts of infringement of the right to trade secrets in Vietnam? What are the fines for misappropriation of trade secrets in Vietnam?
What is trade secret according to the law in Vietnam?
Pursuant to Clause 23 Article 4 of the Law on intellectual property in 2005 (amended by Clause 2 Article 1 of the Law on amendments to the Law on intellectual property in 2009) stipulating trade secret:
Interpretation of terms
In this Law. the terms below are construed as follows:
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23. Trade secret means information obtained from financial or intellectual investment activities, which has not yet been disclosed and can be used in business.
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As regulated above, trade secret means information obtained from financial or intellectual investment activities, which has not yet been disclosed and can be used in business.
What is trade secret according to the law in Vietnam? What are the fines for misappropriation of trade secrets in Vietnam? - image from internet
What are acts of infringement of the right to trade secrets in Vietnam?
Pursuant to Article 127 of the Law on intellectual property in 2005 stipulating acts of infringement of the right to trade secrets in Vietnam:
Acts of infringement of the right to trade secrets
1. The following acts shall be deemed infringements of the right to trade secrets:
(a) Accessing or acquiring information pertaining to a trade secret by taking acts against secrecy- keeping measures applied by lawful controllers of such trade secret;
(b) Disclosing or using information pertaining to a trade secret without the permission of the owner of such trade secret;
(c) Breaching secrecy-keeping contracts or deceiving, inducing, buying off, forcing, seducing or abusing the trust of persons in charge of secrecy-keeping in order to access, acquire or disclose a trade secret;
(d) Accessing or acquiring information pertaining to the trade secret of an applicant for a licence for trading in or circulating products by taking acts against secrecy-keeping measures applied by competent bodies;
(dd) Using or disclosing trade secrets, while knowing or having the obligation to know that they have been acquired by others engaged in one of the acts stipulated in sub-clauses (a), (b), (c) or (d) of this clause;
(e) Failing to perform the secrecy-keeping obligation stipulated in article 128 of this Law.
2. Lawful controllers of trade secrets defined in clause 1 of this Article include owners of trade secrets, their lawful licensees and managers of trade secrets.
As regulated above, the following acts shall be deemed infringements of the right to trade secrets:
- Accessing or acquiring information pertaining to a trade secret by taking acts against secrecy- keeping measures applied by lawful controllers of such trade secret;
- Disclosing or using information pertaining to a trade secret without the permission of the owner of such trade secret;
- Breaching secrecy-keeping contracts or deceiving, inducing, buying off, forcing, seducing or abusing the trust of persons in charge of secrecy-keeping in order to access, acquire or disclose a trade secret;
- Accessing or acquiring information pertaining to the trade secret of an applicant for a licence for trading in or circulating products by taking acts against secrecy-keeping measures applied by competent bodies;
- Using or disclosing trade secrets, while knowing or having the obligation to know that they have been acquired by others engaged in one of the acts stipulated above;
- Failing to perform the secrecy-keeping obligation.
What are the fines for misappropriation of trade secrets in Vietnam?
Pursuant to Article 16 of the Decree 75/2019/ND-CP stipulating misappropriation of trade secrets in Vietnam:
Misappropriation of trade secrets
1. A fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed for committing one of the following violations:
a) Accessing or obtaining trade secrets by taking actions against security measures adopted by the older of such trade secrets;
b) Disclosing or using trade secrets without the permission of the holder of such trade secrets.
2. Additional penalties:
a) The exhibits and instrumentalities for committing the administrative violation shall be confiscated;
b) Profits illegally obtained from the administrative violation shall be confiscated.
As regulated above, the violators who commit the act of misappropriation of trade secrets shall be fined from VND 200,000,000 to VND 300,000,000.
The exhibits and instrumentalities for committing the administrative violation shall be confiscated. Profits illegally obtained from the administrative violation shall be confiscated.
Note: The maximum fine specified above is the penalty applied to organizations for their violation. For individuals committing the same administrative violation in terms of competition, the maximum fine is equal to half of the maximum fine imposed on organizations (Clause 7, Article 4 of the Decree 75/2019/ND-CP).
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