Two Tilleke & Gibbins lawyers were quoted in a wide-ranging feature on trade secret protection in the latest issue of Asia IP . The article explores laws and regulations on trade secret protection in several jurisdictions in Asia, including Thailand and Vietnam.
In reference to the “reasonable measures” to protect trade secrets that companies are required to have in place before they can file lawsuits, Bangkok-based partner Nandana Indananda shared that courts in Thailand set very high standards. “For instance, the court has found non-disclosure or non-competition agreements between an employer and an employee, in relation to the latter’s confidential information/data, to be inadequate to meet the reasonable measures threshold. Similarly, confidential information that is accessible to, and usable by, a number of employees normally associated with a business would be deemed insufficiently protected to meet the threshold.”
Noting that trade secret protection could be challenging to enforce in Vietnam, partner Loc Xuan Le, head of the firm’s IP enforcement team in Hanoi, advised that “companies need to carefully consider whether they should protect their confidential information under trade secrets or other more enforceable types of IP like patents or copyright.”
Asia IP is a publication of the Apex Asia Media Group, an independent publisher based in Hong Kong. The magazine aims to provide informed analysis of IP–related issues for Asian and international law firms. Please visit the Asia IP website for more.