Does Vietnam require registration in order to protect a trade secret?
In the business operations process, trade secret protection is essential and crucial. Does a trade secret need to be registered to be protected in Vietnam?
Do trade secrets need to be registered in order to be protected in Vietnam?
Industrial property rights in Vietnam refer to the ownership and use of trademarks, trade names, geographical indications, business secrets, industrial designs, layout designs of semiconductor integrated circuits, and trademarks. They also include the right to prevent unfair competition.
Industrial property rights are protected on the basis of protection titles, unlike other industrial property objects such as patents, industrial designs, layout designs, trademarks, and geographical indications. A trade secret’s industrial property rights shall be established based on:
Industrial property rights to a trade secret shall be established on the basis of lawful acquirement of the trade secret and maintaining confidentiality thereof (Clause 3, Article 6 of the 2005 Intellectual Property Law)
This means that if the above two conditions are met, the owner of a trade secret does not need to carry out registration procedures with a competent authority, but industrial property rights to the trade secret arise automatically.
However, in the event of a dispute, the owner of a trade secret must prove that the trade secret meets the protection conditions in Article 84 of the Intellectual Property Law:
- It is neither common knowledge nor easily obtainable.
- When used in business activities, the trade secret will create for its holder advantages over those who do not hold or use it.
- The owner of the trade secret maintains its secrecy by necessary means so that the secret will not be disclosed nor be easily accessible.
In addition to the automatic protection mechanism mentioned above, enterprises can consider actively registering for trade secret protection in the form of patent registration.
The owner should consider carefully each form’s effectiveness before choosing one, as well as whether the trade secret satisfies the requirements for protection under the name of an invention.
*** Other Articles***
– You could visit here to see the Trademark Registration in Vietnam.
– You can also check the Vietnam Trademark Law: Detailed Guide And Legal Notes.
– You could check Questions of filing trademark in Vietnam: POA, Trademark requirement and trademark fee in Vietnam.
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