Trade Secrets


In today’s global economy, a trade secret (or business secret) can be a valuable asset. 

Trade secrets are defined by Vietnamese law as ‘information obtained from financial or intellectual investment activities, which have not been disclosed and are applicable in business’. A piece of information falls under the definition of a trade secret when the information:

  •   Has not been made public, and is not common knowledge;
  •   Gives its owner a business advantage;
  •   Remains secret because the owner takes necessary measures to protect the confidentiality of the information.

Typically trade secrets could include new products or business models, special techniques, customer and supplier lists, technical know-how, etc. Trade secrets are protected upon creation without any registration, provided that reasonable measures have been taken to keep the information secret.

Our attorneys will work with clients to draft nondisclosure, confidentiality and other employee-related agreements to protect business secrets and confidential information and to assist with risk avoidance in dealing with third-party information.

Our services include:

  •  Developing means to ensure maintenance of secrecy
  •  Drafting agreements to identify and protect rights
  •  Litigating for misappropriation or defending an allegation of business secret theft
  •  Providing advice on alternatives to patent protection

Pham Anh Tuan, Lawyer
Litigation and Enforcement Department
Tel: (84-24) 38 244 852 – Ext. 221
Email: hanoi@pham.com.vn


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