Trade secrets that the lessee or the party performing the assigned tasks acquired while performing the assigned or leased work shall belong to the lessor or transferor, unless otherwise agreed upon by the parties.

1. General conditions for business secrets to be protected

Business secrets are protected if they meet the following conditions:

a) Not a common understanding and not easy to obtain;

b) When used in business, the person holding the business secret shall have advantage over the person who does not hold or use the trade secret;

c) To be kept confidential by the owner by the necessary measures so that the trade secret is not disclosed and is not easily accessible.

>> Call the lawyer for consultancy on intellectual property: 0986 38 66 48

2. Use of trade secrets means the performance of the following acts:

>> See also:  Which tax consultant services does MKLAW FIRM offer clients?

a) Applying business secrets to goods production, service provision and goods trading;
b) Selling, advertising for sale, stockpiling for sale or import of products produced by the application of trade secrets.
3. Objects not protected as trade secrets
The following confidential information is not protected as a trade secret:
a) The personal secret;
b) State management secrets;
c) Security and defense secrets;
d) Other confidential information not related to business.

>> See also:  Nature of the Work(Paralegals and Legal Assistants)

4. The owner of a trade secret shall not have the right to prohibit another person from performing the following acts:

a) Disclosing or using trade secrets obtained without knowing and having no obligation to know such trade secrets illegally obtained by others;

b) Disclosing confidential data in order to protect the public according to the provisions of Clause 1, Article 128 of the Intellectual Property Law;

c) Using secret data specified in Article 128 of the Intellectual Property Law not for commercial purposes;

d) Disclosing or using trade secrets which are created independently;

e) Disclosing or using trade secrets created by analyzing and evaluating lawfully distributed products provided that the analysts and evaluators have no other agreements with the owners of trade secrets or salesman.

5. Acts of infringing upon the rights to trade secrets

The following acts shall be regarded as infringements upon the rights to trade secrets:

>> See also:  Circular No. 42/2015/TT-BNNPTNT issuing additional list of chemicals and antibiotics banned from import, manufacture, trade or use in feed for livestock and poultry in Vietnam

a) Approaching and gathering information on trade secrets by opposing the confidentiality measures of lawful holders of such trade secrets;

b) Disclosing or using information classified as trade secrets without permission of the owner of the trade secret;

c) Violating confidentiality contracts or deceiving, inducing, bribing, forcing, seducing or abusing the trust of persons obliged to confidentiality in order to access, collect or disclose trade secrets;

d) Approaching and gathering information belonging to the trade secret of the applicant according to the procedures for applying for a business license or product circulation by opposing the confidentiality measures of the competent agency;

e) Using or disclosing trade secrets, even though they know or are obliged to know such trade secrets collected by other persons, related to one of the acts prescribed at Points a, b, c and c. d of this clause;
f) Failing to perform the confidentiality obligation prescribed in Article 128 of the Intellectual Property Law.

For more information, please contact: MINH KHUE LAW FIRM CO., LTD

>> See also:  Circular No. 14/2013/TT-BCT dated July 15, 2013 of the Ministry of Industry and Trade promulgating coal trading conditions

Consult and request for Intellectual Property protection service 24/7, call 1900.6162

Email: [email protected]

Look forward to cooperation with clients!

Best regards./.

Intellectual Property Department - Minh Khue Law Firm