Confidential know-how and proprietary information are vital to maintaining a competitive edge. Trade secrets, unlike registered IP rights, rely on secrecy for their protection. Whether involving technical formulas, processes, business strategies, or client data, safeguarding this valuable information is essential in today’s fast-moving and knowledge-driven economy.
Trade secrets protect confidential information that gives businesses a commercial advantage. Unlike patents, they do not require registration, but depend on effective internal controls and legal safeguards. Properly managed, trade secrets can provide long-term protection and strategic flexibility without public disclosure.
Expert legal guidance ensures robust safeguarding and enforcement of trade secrets with precision.
Assistance in identifying protectable trade secrets within an organization and classifying them based on legal and business relevance.
Development of confidentiality protocols, non-disclosure agreements (NDAs), employee policies, and access controls to maintain secrecy and limit exposure.
Evaluation of existing practices and potential vulnerabilities, ensuring compliance with applicable trade secret laws and best practices in information governance.
Support in responding to unauthorized use or disclosure, including internal investigations, cease-and-desist demands, litigation strategy, and coordination with criminal enforcement if applicable.
Drafting and reviewing contracts involving third-party collaboration, joint ventures, or outsourcing to ensure adequate protection of confidential information.
Trade secrets are only valuable when properly protected. Professional legal support helps businesses implement comprehensive strategies that preserve confidentiality and prevent misappropriation.
Get a ConsultationA trade secret is information that (i) is not publicly known or easily accessible, (ii) gives its holder a commercial advantage, and (iii) is subject to reasonable confidentiality measures. Examples include formulas, manufacturing know-how, customer lists, business strategies, and source code.
No. Trade secrets are protected automatically if they meet the statutory criteria and the owner maintains effective confidentiality measures. There is no government registry for trade secrets.
Contractual measures: Use NDAs, non-compete, and confidentiality clauses with employees, contractors, and partners.
Technical measures: Control access (passwords, encryption, restricted areas).
Administrative measures: Label documents “CONFIDENTIAL,” maintain access logs, conduct regular security audits, and provide employee training.
The owner may pursue:
Civil remedies – injunctions, compensatory damages, destruction of infringing goods.
Administrative sanctions – fines up to VND 500 million and confiscation of infringing materials.
Criminal prosecution – in serious cases involving large economic losses or repeat offenders.
Foreign trade secrets are protected under the same provisions as domestic ones. Vietnam is a member of the TRIPS Agreement, ensuring national treatment and minimum standards of protection for trade secrets originating from other member countries.
