VNU JOURNAL OF SCIENCE, ECONOMICS-LAW, N01E, 2004 SOME IS S U E S CONCERNING THE PROTECTION OF TRADE SEC R ET A N D THE COMPLETION OF TRADE SECRET PR O TECTIO N LEGISLATION IN VIETNAM N gu yen Thi Que A nh(,) Trade secret of m echanism of V ietn am w ith those of other intellectual p ro p e rty rig h ts is one of the developed nation s which have a lot of categories which extensively as the has studied object been not experience in this field as well as compare addition, the th e still In re q u ire m e n ts for tra d e secret in te rn a tio n a l treaties p a rticip ated or will application of th e s tip u la tio n s related to protection tra d e secret is too little if we don’t w a n t to th a t V ietnam say th a t it h as not been in existence in p articipate in Then, the a u th o r advances reality The form ation of th e tra d e secret some proposals, aim ing a t completing the protection re g u la tio n s tra d e legislation can be considered incomplete On th e o th e r in V ie tn am ’s to h an d, to th e has secret protection legislation in Vietnam be son e An O verview o f th e Trade S ecret P ro tectio n L eg isla tio n S ystem in the W orld scholars have show n t h a t a t p re s e n t the shortcomings of th e tr a d e secret protection system usually cause more inhibition to Trade secret is one of the traditional foreign in v estm en t th a n the lim itations in the protection of o th e r objects of intellectual property rights In intellectual th e property objects {4, p 88 } Therefore, the completion of legislation tr a d e not only secret up secret up th e economic U ntil the tr a d e secret of secret didn’t seơret of a p articu lar th e In d u s tria l n a tu re Revolution in of know-hows and tra d e secrets h ad gradu ally changcd The fe a tu re s of tra d e s ec re t protection as the co m pare professional th e Europe, the the aspects of tra d e secret notion and the property notion individual In this article, th e a u th o r will pre sen t of in d u s tria l Vheir knowledge, growth th ro u g h foreign in v e s tm e n t attraction object th e exist in docum ents, b u t it simply was the region and the world b u t also contributes speeding before w orkers h a d conserved th e ir professional the in tegratio n process of V ietnam into the to days intellectual property w as first used, skilled protection speeds old complexity of th e production process and rights, th e wide-open re lation sh ip s required to protection have a record and p a p e r system and a t the sam e n Dr., Faculty of Law, V ietnam National University, Hanoi tim e offered employees the possibilities to change th e ir employers 35 36 N guyen T h ỉ Q u e Anh From t h a t time, th e two tre n d s which employees (eg: customs officers, policemen ) th re a te n e d the e n tire ty of know-hows and are u n d e r an obligation not to reveal the tra d e th e secrets they approach w hen th ey th e ir unfaithful a ttitu d e of some w orkers to work th ro u g h the special contracts This th eir ex-employers occurred; second, the model exists in G re a t B ritain a n d in some documents and p a p ers re la tin g to these of its colonies such as A u stra lia a n d India secrets were stolen To settle a p a rt of this In A ustralia, situation, the p a rtic u la r tra d e secret protection law, but provisions the legislation of A ustralia is applied to have a exam ine th e civil and crim inal liabilities to liability to keep secret th e know-hows and those who m ake m istakes in revealing the tra d e secrets th e y approached during secret inform ation illegally (3, p 59- 64) secrets employers employment which emerged: introduced contracts required First, th e employees in to work process It w as considered as an effective method of resistin g employees’ unfaithful a ttitu d e s as well as th e stealing of th e secret inform ation m entioned above T ie sta te passed th e law system to re sist this situation by s tre n g th e n in g the sanction m easu res to deal w ith the people who violate the liability above for exam ple th e re is no In some o th er countries, besides the mode of tra d e secret protection thro ug h th e a d ju stm e n t of th e employer-employee a n d tra d in g p a rtn e r relationships, th ere a re regulations rela ted to th e protection for this object, which are s ca tte re d in different legal docum ents such as the laws a g ain st u n fair competition, of inform ation So far, in most of countries in the and inform ation protection and the th e protection of tra d e secret h as operations of ju d g m e n t office, tax office bren given an a p p ro p ria te position in the and insurance office, This fact exists in law system s which protect the goals of some countries such as G erm any, Austria, people’s intellectual work However, in the Italy a n d Russia w )rld , developing countries w ith a little experience in th e protection for intellectual property in general a n d tra d e secret in particular, the se ttle m e n t of th is m a tte r is qiite different In some countries, the protection for tra d e secret is im plem ented on th e basis of p a rtic u la r law docum ents of th is object, combined w ith a few stip ulation s in o ther law documents In 1979, America secret introduced th e general law of tra d e secrets protection is prim arily im p le m e n te d on th e (The Uniform T rad e Secrets Act) The bisis of the tract signed by employers tra d e aid employees or by tra d in g p a rtn e rs The defined by the law system s of th e states, liibility of revealing secret inform ation is basically su itable to this law A m erica’s e:amined civil law of trade secret protection is appreciated relationships betw een th e p a rtie s to the and considered as one the most perfect law contract system s in this field (5, p 8) In some in In countries, the scope addition, th e tra d e of the civil service secret protection is specifically VNU, Journal o f Science, Econom ics-Law, N„IE, 2004 Some issues co n c e rn in g the protection of In som e o th e r 37 countries, the mechanism of tra d e secret protection is g u aran teed by th e general stip ulatio ns of labour law, civil law and crim inal law The laws of som e countries such as France, Poland, S w itz e rla n d provide tra d e secret know n as tra d e secret; (3) s tre n g th e n in g liability, including crim inal liability a n d civil liability to th e s ta te civil s e r v a n ts working in th e fields related to t r a d e secrets the mode of lab ou r relationships, employees In addition, th e re la tio n s h ip s concerning tra d e secret protection are a lso adjusted to conform w ith th e mode of have relating protection in th e following directions:(l) In responsibility to protect secret in te rn a tio n a l conventions In to 1900, in th e conference of considering a n d th e ir ex-employers when modifying Convention P a ris of in d u s tria l they te rm in a l th e ir work contract; (2 ) the property rig h ts in Brussels, the rig h ts civil liability of th e people who propagate a g ain st the secret inform ation which is assigned supp lem en ted in the mode of th e object of by the o th e rs or called “t r u s t a b u se ”; (3) in d u stria l property, which were protected in accordance w ith th is convention Article lObis provides: the m em ber countries h av e information and compete w ith the crim inal are liability not th e allowed s ta te civil servants and the officials of the offices which examine th e secret inform ation u n fa ir responsibility to competition e n su re for w e re the o th e r m em bers’ citizens th e effective liability a g ain st u n fair competition actions, each of propagation Finally, a n o th e r mode of tra d e secret protection is to protect m ainly th e legal the u n fa ir competition actions is u nderstood to be any actions again st the docum ents of each production or business h on est custom s in in d u s try a n d business unit, which is usually called “law of em ployees’ behaviour ru les' This mode is The seizing of secret information on technology or tra d e secret is obviously applied in J a p a n (1) considered It is possible to find in reality th a t the trade secret protection in each country in the world is different in th e approach to settling problem s on th e one h a n d and has certain common tre n d s on th e other The common tre n d s a re as follows: ( ) T here is no p a rtic u la r tra d e secret protection law (America can be considered an exception Because of the high independence of the states in legislation, it is necessary to have a common tra d e secret law to e nsu re the unity of a d ju stin g the re la tio n sh ip s of this object); (2 ) e n h an c in g th e responsibility of employees to protection for th e inform ation VNU Journal o f Science Econom ics-Luw, N J E , 2004 to be “a g a in s t the honest custom s in in d u s try and bu siness” m entioned above Thus, it is possible to consider this as th e first intern atio nal article which provides indirectly the protection for th e inform ation considered as tra d e secret U ntil the end of th e tw e n tie th century the protection for th e object mentioned above w as recorded in te rm s of the regulations of the protection for secret inform ation as th e object of intellectual p roperty rig h ts in th e m u ltilateral trade a g re em e n ts on th e tra d e aspects of N guycn Thi Que Anh 38 intellectual property rig h ts (TRIPS) trade secret h a s a wide n g e of specific Article No 39.1 of this a g re e m e n t provides: “to ensu re th e effective protection against features unfair in subject to a set of c ertain knowledge (4, p article No lObis of th e P a ris Convention 5) The legal tool in th e h a n d of trad e (1967), the m em ber countries m u st protect secret ow ners can allow th e m the certain ability to re s ist th e violations of the competition secret actions inform ation provided and docum ents handed to the governm ent or governm ental offices ” Moreover, the the mentioned article provides some specific regulations of secret inform ation protection R em arkably, th e term “secret inform ation” is used in th is article to insist on the fact th a t th e protection for this object m ust be larg er th a n th e conceptions which have existed for over h a lf a century; for example, tra d e secret, know-how, the The basis of tra d e secret protection is th e real monopoly of certain to have people around, b u t th e se tools are not as effective as those of th e o w ners of other intellectual property rights Therefore, the existence of juridical capacity of trade secret ow ners d epends on them selves, the com prehensiveness the and effectiveness of m e asu re s which th e ow ners apply aiming a t protecting th e ir exclusive rights of th e information list of tra d in g p a rtn e rs, TR IPS is the most The next fe a tu re is th e high generality comprehensive m u ltilate l a g re em e n t on of tra d e secret If invention, industrial trad e secret protection design, tra d e m a r k a n d o th e r objects of T rade secret is one of th e contents related to the intellectual property rights mentioned in the V ietnam - America Trade Agreement Basically, th e stipulations related to the Paris Convention and TRIPS A greem ent is considered to be th e basis of the two countries’ responsibilities to intellectual property rig h ts can be defined as the products of creative work, trad e secret can be defined as various m aterials related to information, technological m a n ag e m e n t, finance and different operation aspects of trade Trade secret can be the solutions which can be protected protect this object production, as invention, trad em ark , industrial design, b u t for one reason the 2.F eatu res o f T rade S ec r e t and C riteria o f Trade S e c r e t P r o tectio n F e a tu re s o f T d e S e c re t a s th e O bject o f I n d u s tr ia l P r o p e rty R ig h ts Being one of the objects of in d ustrial owner doesn’t w ant to announce and register it in accordance w ith the legal formalities of p a ten t Moreover, the ability of th e bu sin essm en who consider the inform ation t h a t they have a s trade secret is not boundless Any s ta te s have the property rights, tra d e secret h as sufficient rights features the businessm en, fully and timely obey the invisibility of the objects a n d the re su lt of paym ent duty, assess th e influences of people’s intellectual business operations on th e surroundings, of intellectual work property: In addition, to supervise th e operations of VNU, Journal o f Science, Econom ics-Law, N J E 2004 Some issues concerning the protection of 39 etc Thus, law provides th a t some kinds of inform ation c an ’t be considered as tra d e secret: business docum ents registration re la ted to perm its, finance and accounting operations in accordance with legal regulations, information of quan tity and composition, conditions salary, of employees, e n v iro n m e n ta l the working documents of pollution level, consum ption of noxious products, etc A no th er featu re of tra d e secret is to help distin gu ish it from other forms of intellectual property known as the lim itlessness o f protection time Trade secret rig h ts are protected w hen the real exclusive rig h ts of the subjects to inform ation still exist and the information meets completely the protection requừements provided by th e law This m akes the choice of th e forms to protect the object known as tra d e secret become more attractiv e to businessm en , especially in case the principle of lim ited time protection doesn’t satisfy th e ir business profits which inform ation needs to be protected as trad e secret TRIPS A greem ent addressed the m inim um criteria of trad e secret protection such as the protection for the inform ation u n d e r the legal control of individuals and legal people if the information: - has secrecy w ith the m eaning th a t it is widely know n or it is easy of approach for the people who often contact the information; - h as tra d e values because it is secret; - was protected by the people with legal rights to im plem en t th e reasonable m easures in accordance with the real situation (Item 2, Provision 31, TRIPS Agreement) Analyzing the senses above indicates that to be inform ation protected m u st as m eet trade the secret, following protection criteria: First, it m u s t have secrecy or in other Finally, tra d e secret known as the object of intellectual property rights doesn’t re q u ire the legal acknow ledgm ent of protected possibility, the reg istration th ro u g h ap pro p ria te authorities, and the im p le m e n ta tio n of formalities or fee paym ent This is also significant to the choice of tra d e secret protection forms of th e object which is the goal of people’s creative works 2.2 P r o te c tio n C rite ria of T d e S ecret Like o th e r forms of intellectual pro p e rty rights, the law of tra d e secret protection provides a range of criteria V NU, Journal o f Science Economics-Law, N„JE, 2004 word, it c an ’t be free to approach the inform ation legally If any of the interested th ird people can get access to the inform ation legally, th a t information can ’t be protected as tra d e secret For example, studying available information, analyzing the models of products circulated in the m arket, catching up w ith the information th ro u g h different means, etc Second, it m u st have tra d e values In o th er words, inform ation th e exploitation values im plem ented of by its holders at p re sen t or in the fu ture will create more a d v an ta g e s for them th a n the N guyen Thi Q u e A nh L -— vvho don’t hold th is inform ation On It is necessary to em p hasize t h a t th e protection conditions m entioned above a re bi«is of th is criterion, some of the tie ^ (VVing inform ation will not be protected of great significance However, the la st * tr i secret: criterion is of decisive significance If th e nformation t h a t is not paid a tte n tio n to yy he people around; ’t ice wO gain th e ir tra d e purposes; etc èư * rliitií ởr implicit tra d e values c an ’t be ;o th e others T he o th e r people here Ve u nd erstoo d as th e ones for whom tr< ^ ^formation b rin gs a b o u t c ertain tra d e exam ple, m a n u fa ctu rers ni3t3 with th e m a n u fa c tu re rs who have (J secret, th e c o nsum ers of th e ir )dic*s and services )CỊ necessary of these ^ veSịied an d m easures protection plentiful to conserve specific tra d in g p a rtn e rs , th e possibility to protect Som e P ro p o sa ls for C om p letin g th e L eg isla tio n an d R a isin g th e E fficien cy o f th e P r o tectio n for Trade S ecret in V ietn am The general intellectual re q u ire m e n t property in V ietn am for w hen en terin g the st c en tu ry is to set up a complete intellectual law system of property (the protection for every object rhfd, it m u s t be protected by the n r c with obligation th e profits of tra d e secret is very low Ịvoreover, th e inform ation th a t h as For the private inform ation such as em ployees or '[^formation th a t th e people around f-g ow ners of tra d e secret don’t pay a tte n tio n The m easu res is They can be and th e complete and com prehensive protection in te rm s of content, scope and duration) an d th e efficiency in accordance with in te rn a tio n a l s ta n d a r d s (the legal t »hiical organizational, legal m easures norm s m ust be reaso nable and realizable, at preven tin g th e o th e rs ’ illegal the violation of intellectual property rights Tviich from th e inform ation which aP erf piotecting It d o esn ’t req uire the m u st be legally treated ), especially the nlg criteria in TR IPS A greem ent The / r p of the inform ation to apply the expansion of the scope of th e protected a ] m easu res to protect it The s-e* r t-irc e is t h a t the specific behaviours iip fte owners m u st express a desire to objects, including tra d e secret not only n *r'e the secrecy of th e inform ation technology and b u sin ess knowledge b u t hih h 3y are holding T he necessary an d also df£i»n- condition is th a t th e ow ners have developm ent e-ju'e* t0 re s tric t th e access to fYiraton; w hen th e re is (eg: employees), ieovn«rs m u st m ake th e m u n d e rs ta n d r - j s impossible to d isse m in a te the ^■rr^ton w itho ut th e o w n ers’ approval m eets th e re q u ire m e n ts developm ent is process an of im p o rta n t stra teg ies for the science an d step of in the intellectual property in V ietnam However, with th e complexity of th e protection for the p a rtic u la r object which is tra d e secret and tog eth er w ith th e application of stipu lation s on this which is still too little, V N U Journal o f Science, Economics-Law', N J E 2004 Some issues concerning the protection of the tra d e secret protection law in V ietnam - It is protected by the owner vs can be said to be in the form ation and necessary development In general the esta b lish m e n t inform ation will not be leaked it of th e law system of intellectual property easily approached protection in general m u st be based on the experience of th e developed countries On the o ther han d, to meet th e re q u ire m e n ts for the integratio n into the region and the world, we m u st have th e legal environm ent which is appropriate, b u t not too far a p a rt from the world F irst of all, to participate in the World Trade O rganization (WTO), e sta b lish m e n t of a law system of intellectual property protection in accordance w ith th e criteria of m inim um protection m entioned in TRIPS Agreement is undeniably a neccessity Given th a t, the proposals for completing the legislation of tra d e secret protection, which we m entioned here, are m e asu re s so th a t k On the whole, th e protection m entioned above are suitable h criteria of TRIPS A greem ent, whtCl analyzed above A nother problem define the Analyzing violation th e to trade regulations o ® t< st(r of T^]pt A greem ent indicates t h a t th e re ar-> ,0 modes of receiving the inform, t 1L01 belonging to o ther people’s secret trQj ( not considered as th e violation ni m rights of th e inform ation owner r»r ( j secret protection is not applied tc I inform ation which is received as thfr J of th e following processes: - ind e p en d e n t invention - reverse analysis m ainly based on TRIPS stip ulatio ns and the experience consultancy of the developed countries We will m ention some problems as follows: To determ ine the scope o f protected objects Provision No 6, Decree No 54/ CP on the in d ustrial property protection for trade secret, geographical indications, trad e na m es addressed the notion of tra d e secret know n as the invested achievem ent in te rm s of information, w ith the following conditions: - It is not common knowledge - hon est inform ation reception According to Item 2, Provisioi \L Q o Decree No 54/ CP, one of th> a '-iCig considered as in d u stria l property v 0]tt to tra d e secret is “th e revelation ỉn< Ịse I the inform ation belonging to trade s»c t w ithout the perm ission from the vi>r ị th a t tra d e secret.” The conterx of ị norm can lead to th e understíniiíT contradiction w ith the reguliti)n f TRIPS A greem ent on th e d e te rm n tt),n f violation of tra d e secret According t(t^ regulation, th e an n o u n cem en t aic \xe £ - It is applicable to b u sin ess and w hen applied, it will create more a d v an ta g e s for th e ow ner th a n the people who don’t hold the inform ation which is the reail ( iLe in d e p en d e n t invention and -eei or use it inform ation VNi f Journal o f Science Economic*-Law, N„l E, 2004 analysis processes or honestly 8:qịỉ(j can be considerei 1ItC i10_ N g uyen Thi Que Anh 42 viclatiion to th e rig h ts of tra d e secret products ov n er Therefore, in o u r opinion, it is products n e c e s s a r y to su p p le m e n t t h e regulations legislation solves th is issu e in a larger in d u stria l scope: All th e acts of approaching and on t h e acts p n p e rty considered violation as of tra d e secret, an d a g ric u ltu l m entioned acquiring th e above in form atio n V ie tn am ’s belonging to i n c l u d i n g the acquistion of th e inform ation other made m e n tio ned above which is considered subm it in accordance w ith the procedure to tobe legal apply T he Trade Secret Protection for the people’s tra d e chemical for b u sin ess and w hen they circulation perm ission in o rder to be a g ain st the protection Operations o f the S ta te Office secret m e asu re s of ad m in istra tio n offices, or the use of t h a t inform ation for C o m p e ten t s ta te offices have the rights to re q u ire e n te rp ris e s to provide in o rm atio n about th e ir the operation business purpose and for the purpose of applying perm ission to a re b u sin ess all or circulation considered as the characteristics as well as th e ir goods and ind u strial services It is special th a t some products secret (Item 4, Provision 18, Decree No cbsely re la ted to the safety of consum ers 54/ CP) It is possible to consider this as an sich medicines, chem ical substance ad van tag e of th e tra d e secret protection used for agriculture, th e products used for system of V ietnam However, raising the anation, etc m u s t be qualitatively tested efficiency of th e tra d e secret protection b ’ the co m p eten t s ta te office At th a t time system in relation to th e s ta te offices’ tie secret exam ination a n d supervision of products ^formation alw ays need to be protected so does not stop th ere In o u r point of view, tlat that information will not be fallen the issue above will be comprehensively iito the hand of th e ir competitors To solve solved in the following directions: as en terp rises which have tlis contradiction, Item 3, Provision No.39, TUPS A g reem ent eiperiments or provides d a ta th a t the are not which rivealed w hen su b m itte d as a condition to ritify th a t th e m a rk e tin g of piarmaceutical products or a g ricultu ral ciemical products used w ith new chemical ilgredients m u s t be protected from the unhealthy use in b u sin ess a n d revelation ii som e certain cases T hese stipulations ii 7KIPS A greem ent clearly have a limited cope The s ta te offices afferent inform ation Ịroducts ou tside th e can re la ted require to the p h arm aceu tical p rop erty violation to tra d e First, it is n ecessary to exam ine the liability of the staffs of th e s ta te offices in a u th o rity to th e acts of revealing the inform ation know n as tr a d e secret which they approach w h en th e y their work Item 2, Provision 2, Decree No 12/ CP d ated M arch 6th, 1999 “on the fine in the field of in d u stria l p ro p e rty ” provides: Every organization a n d every individual who in ten tio naly u n in te n tio n a ly acts which violates th e s tip u la tio n s of the S ta te ’s protection and m an ag e m e n t of in d u stria l property, a re u n d e r the level of being held crim inal liability is fined in accordance with the fine ordinance and the VNU, Journal o f Science, Economics-Law, N0IE, 2004 Some issues concern ing the protection of 43 Decree m entioned above However, until now th e re h a v e n ’t been any specific stipulations related to th e determ in ation of the liability of the staffs in the s ta te offices which have competence to grant permissions related to business or circulation permissions of products on the revelation of the inform ation known as the trade secret of th e people who apply for th e sorts of perm issions above Second, it is necessary to limit and stipulate specifically the scope of information th a t e n terp rises need to subm it to the sta te offices and the a u th o rities w hen they apply for business perm issions or the circulation perm issions of products If the offices m entioned above advance the re q u ire m e n ts out of the allowed scope, the people who apply for perm issions can refuse to provide the information related to th e ir tra d e secret C om bining the law o f in d u stria l property protection for trade secret w ith other legal form s As m entioned above, of m any developing countries of the world, th e law of tra d e secret protection is the combination of legal stip u la tio n s of some different fields This originates from the features of tra d e secret which is the monopoly of th e ow ner about certain information In th a t content, th e form as well as th e application scope of that information is diversified and plentiful Thus, to protect effectively th e object known as tra d e secret, it re q u ire s a combination of m any different law branches Even it is not necessary to prom ulgate a specific legal docum ent on this object The importance IS the harm onious and comprehensive combination of law branches Therefoie for V ietnam , to gether w ith the completion of the tra d e secret protection stipulations in Decree No 54/CP a n d law documents related to in d u stria l property protection (technology transfer, violation treatment in in du strial property, etc.), the protection for tra d e secret m u st be mentioned ar.d dealt with in o ther fields such as law )f employm ent contracts, law of unfair competition, custom s office operation tix b ureau and others REFERENCES B.B Ratrcơvxki, Pháp luật nước ngồi bí mật kinh doanh, Tạp chí Luật học (Liên barg Nga) sơ 3/ 1999, tr 104 Chiến lược phát triển hoạt động sỏ hữu công nghiệp đến năm 2010, Tài liệu Cục sả hiu công nghiệp Bộ khoa học công nghệ môi trường Kồlơmiex A., Bảo hộ thơng tin !à bí mật kinh doanh, (So sánh tổng quan pháp luật Lién bang Nga nước ngồi), Tạp chí Pháp luật (Liên bang Nga) số’2/ 1998, tr 59-64) Megxo P.B., Xergeep A p., Sở hữu chí tuệ, Matxcơva, 2000, tr 88 (sách dịch từ tiến? Arh sang tiếng Nga) Xơlơviev E., Bí m ật kinh doanh bảo hộ bí mật kinh doanh, Matxcơva, 1997, tr.8 VNU Journal o f Science, Econom ic S-Luw, N„IE, 2004 44 N guyen Thi Q u e Anh TẠP CHỈ KHOA HỌC ĐHQGHN, KINH TỂ - LUẬT, s ố 1E, 2004 MỘT • SỐ VẤN ĐỂ VỂ BẢO HỘ• BÍ MẬT • KINH DOANH VÀ VIỆC • THựC • HIỆN • PHÁP LUẬT • BẢO HỘ • BÍ MẬT • KINH DOANH CỦA VIỆT • NAM N g u y ễn Thị Q u ế Anh K hoa L uật, Đ ại học Quốc g ia , H N ội Bài viết trìn h bày n h ữ n g nghiên cứu số v ấn đề lí th u y ế t bảo hộ bí m ậ t kinh d oanh việc thực h iệ n P h p lu ậ t bảo hộ bí m ậ t k in h doanh V iệt N am Dựa trê n n hữ n g p h â n tích khoa học, tác giả sơ lược hệ th n g P h p lu ậ t bảo hộ bí m ậ t kinh doanh trê n th ế giới, nêu lên n h ữ n g đặc điểm bí m ậ t k in h doanh n h ữ n g tiêu c h u ẩ n bảo hộ bí m ật k in h doanh với tư cách đối tượng quyền sở h ữu trí tu ệ đồng thời nêu giải pháp cho việc thực P h p lu ậ t n ân g cao hiệu qu ả cua bảo hộ bí m ậ t kinh d oanh Việt Nam VNU, Journal o f Science, Econom ics-Law, N J E , 2004 ... such as the laws a g ain st u n fair competition, of inform ation So far, in most of countries in the and inform ation protection and the th e protection of tra d e secret h as operations of ju... protection is the combination of legal stip u la tio n s of some different fields This originates from the features of tra d e secret which is the monopoly of th e ow ner about certain information In th... 2004 Some issues concerning the protection of the tra d e secret protection law in V ietnam - It is protected by the owner vs can be said to be in the form ation and necessary development In general