Each business has its own business secret, this can be said to be one of the factors that make up for success when participating in the harsh economy. Business activities of enterprises always attach importance to secrecy in investment and business activities. This factor makes businesses seize the opportunity in time to be able to invest in the most profitable areas. Today, LSX Lawfirm will give you an article about “Conditions for protection of business secrets in Vietnam“, as follows:
Legal grounds
Law on Intellectual Property 2005, amended and supplemented in 2009
What is a trade secret?
Accordingly to Clause 23, Article 4 of the Law on Intellectual Property 2005, amended and supplemented in 2009, a business secret is a piece of information obtain from financial and intellectual investment activities that has not been disclose and is capable of being use in Business. This is considered an extremely important factor affecting the business operations of an enterprise.
The owner of a business secret is an organization or individual that legally obtains a business secret. And keep that business secret confidential.
For cases, the business secret that the employee or the assignee obtains in the course of performing the hired or assigned work owned by the lessee or the assignor, except unless otherwise agreed by the parties.
Establishment of intellectual property rights for business secrets
Pursuant to Article 6 of the Intellectual Property Law, industrial property rights to business secrets are establish on the basis of lawfully obtaining a business secret and keeping it confidential.
Trade secrets are automatically protect, no need to register for protection. Only two conditions need to met:
- Firstly, Legally obtain a trade secret
- Secondly, Maintain confidentiality of business secrets.
Conditions for protection of business secrets
According to Article 84 of the Intellectual Property Law, a business secret protected when the following conditions fully satisfied
- Not common sense and not easily obtained.
- When used in business, it gives the holder of a business secret advantage over someone who does not hold or use the trade secret.
- Secured by the owner by necessary measures so that the business secret not disclosed and not easily accessible.
An unprotected object is a business secret
Trade secrets are not protect with the following information:
- Identity secret
- Secrets of state management
- Secrets of national defense and security
- Other confidential information not related to business.
Should a trade secret be protected in the name of a patent?
Patent protection
Advantage
- The owner of an invention protected exclusively in terms of the content of his ideas for the duration of the protection period (20 years from the date of filing the application), allowing the owner the exclusive right to use the invention, limiting the actions of the invention. infringement of rights;
- When there is a dispute, the owner does not need to prove his/her right, just needs to present a title of protection;
Defect
- Patent protection is only valid for 20 years, if this period expires, the business secret, in the name of the invention, will publicly disclosed;
- The patent applicant must disclose to the public in detail the technical know-how and must clearly state the reasonable scope of protection. When the protection expires, the technical know-how will no longer be the exclusive right of the owner;
- It takes time and costs to apply for a protection title.
Automatic protection
Advantage
- Default protected, no need to register with the competent authority;
- Without registration, business secrets not made public;
- The term of protection unlimited until the trade secret made public.
Defect
- Loose protection mechanism, when a dispute occurs, the owner of a business secret obliged to prove that the information meets the protection conditions as a business secret;
- There is no right to prohibit another entity from using a trade secret that independently generated or obtained by reverse analysis.
Before deciding on a form of trade secret protection, the owner needs to carefully consider the effectiveness of each form and check whether the trade secret meets the conditions of protection in the name of an invention or not.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “Conditions for protection of business secrets in Vietnam“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
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Related questions
A business secret is an information obtained from financial and intellectual investments, which has not been disclosed and is capable of being used in business. This is considered an extremely important factor affecting the business operations of an enterprise.
– Firstly, Secrets of identity
– Secondly, the Secrets of state management
– Thirdly, Secrets of national defense and security
– Finally, Other confidential information not related to business
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