Trade Secrets

A trade secret is the competitive advantage of a company and a subject protected under Vietnamese IP Law. Contrary to trademarks, designs, or patents, a trade secret is protected without being registered at any competent State’s agency, provided that it satisfies several legal requirements. Also, the protection is permanent as long as protective conditions remain still. Specifically, the IP law of Viet Nam recognizes a piece of information of a company as a trade secret if:

• It is not publicly known or not common knowledge and not easily obtainable;
• It gives the holder advantages in business over others who do not possess such secrets; and
• It is kept confidential by necessary methods to be prevented from being exposed and accessed easily.

As there is no further guidance of the government to the above conditions, companies may apply them flexibly and differently from each other depending on their capabilities. This, however, is a challenge to companies in dispute settlement relating to trade secrets because opposite parties may have interpretations and implementation of the trade secret regulations that conflict with each other. In the case where the dispute is brought to a court to be heard, evidence to justify the ownership of disputed trade secrets will also be subjectively considered by judges on the basis of case by case.

With well-trained and experienced attorneys and associates, Apolat Legal excels in counseling and providing suitable approaches for our clients to establish, maintain, and protect their rights to trade secrets effectively. Our services are always adapted to perfectly suit specific demands of clients, including but not limited to:

• Advising and updating regulations on trade secrets and strategies to protect them;
• Drafting and/or reviewing contracts on trade secret transfer;
• Drafting and/or reviewing non-disclosure agreements applied to employees, customers, suppliers, etc.;
• Representing our clients in negotiation regarding trade secret disputes;
• Representing our clients in lawsuits related to trade secrets and advise them on strategies that are appropriate with their cases.