Trade secrets and 06 things to know in Vietnam

Trade secrets and 06 things to know in Vietnam (Illustration)

1. What are the business secrets in Vietnam?

“Business secret is information obtained from financial and intellectual investment activities, which has not been disclosed and is capable of being used in business.”

2. Conditions for protection of business secrets in Vietnam

Trade secrets in Vietnam are protected if the following conditions are met:

- Not common knowledge and not easily acquired;

- When used in business, it will give the holder of business secrets an advantage over the person who does not hold or use such business secrets;

- Be protected by the owner by necessary measures so that business secrets are not revealed and not easily accessible.

3. Objects not protected by the name of business secret in Vietnam

The following confidential information is not protected in the name of business secrets:

- Secrets of identity;

- Secrets of state management;

- Secrets of national defense and security;

- Other confidential information not related to business.

4. Who is the owner of the trade secret in Vietnam?

A business secret owner is an organization or individual that lawfully obtains business secrets and carries out the secrecy of such business secrets.

The business secrets assigned by the lessee or the performing party  in Vietnam while performing the hired or assigned work shall be owned by the lessee or the assignee, unless otherwise agreed by the parties.

5. What is the use of business secrets in Vietnam?

Use of business secrets means the performance of the following acts:

- Apply trade secrets to produce products, provide services, trade goods in Vietnam;

- To sell, advertise for sale, store for sale or import products manufactured due to the application of business secrets.

6. Infringement of the right to trade secrets in Vietnam

The following acts are considered to infringe upon the right to trade secrets:

- Approaching and collecting information classified as business secrets by counteracting the security measures of the person who lawfully controls such business secrets;

- Disclosing or using information classified as business secrets in Vietnam without the permission of the owner of such business secrets;

- Violation of a confidentiality contract or deceiving, inducing, bribing, forcing, seducing, abusing the trust of a person with confidentiality obligations in order to access, collect or reveal business secrets;

- Accessing and collecting information belonging to business secrets of the applicant under the procedures of applying for a business license or product circulation by resisting security measures of the competent authority;

- Using or disclosing business secrets in Vietnam even though they are known or obliged to know such business secrets obtained by other persons in connection with one of the acts specified at Points a, b, c and d of this Clause;

- Failure to comply with the confidentiality obligations specified in Article 128 of the Intellectual Property Law 2005 (amended and supplemented in 2019).

The lawful controller of business secrets in Vietnam includes: the owner of the business secret, the person legally transferred the right to use the business secret, the manager of the business secret.

Legal basis: Clause 23, Article 4, Article 84, 85, Clause 3, Article 121, Clause 4, Article 124, Article 127 of the Intellectual Property Law 2005 (asamended and supplemented in 2019).

Diem My

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