Protecting trade secrets: Vietnamese law’s perspective

Purpose This paper aims to critically evaluate Vietnam’s trade secret legal regime and examine the relevance of the predominant trade secret theories in Vietnam’s context. Design/methodology/approach The paper uses black letter methodology and comparative legal analysis. It is also based on a data set of 12 cases involving trade secret misappropriation, decided by Vietnamese judges. Findings Vietnamese trade secret law has heavily borrowed from the US law and encompasses modern contours of trade secret protection. However, some aspects of the law should be improved to enhance the legal protection of trade secrets. Furthermore, trade secret litigation remains rare, casting some doubt on the adequacy of Vietnamese law’s applicable remedies and sanctions. Originality/value The paper provides a comprehensive critique of Vietnam’s trade secret legal regime. It also offers original insights into the relevance of the predominant trade secret theories in the context of an emerging country.