Vietnam :
In the years from 2000 to 2003 the Vietnam IP law has undergone some significant developments.
On March 10 2000 the government approved the Decree No 54/2000/ND-CP on the protection of industrial property rights to some new objects, including business secrets, geographical indications and commercial names and the protection of the right against industrial property-related unfair competitions.

Business Secrets
The term business secrets determines certain information that must fulfil three conditions:
• information other than general knowledge;
• applicable to business activities; and
• capable of rendering advantages, and kept secret through their owners using necessary measures
In the Decree it was provided that IP rights of owners of business secrets shall be protected as long as such business secrets satisfy all three aforesaid conditions. Furthermore, IP rights to business secrets may also be transferred or inherited.

Geographical indication
A geographical indication is information on the origin of a good, expressed in word, sign, symbol or image. It is used to indicate that a good has the origin from a certain nation, territory or locality and that the quality and reputation of the good are principally attributed to its geographical origin.
The right to use a geographical indication shall not be transferable.
It shall be protected as long as all the specific conditions regarding the geographical indication and the conditions regarding manufacturing activities of those entitled to use geographical indications are kept.
Commercial Names
Commercial names are the proper pronounceable name of an organization or individual used in their business activities. Commercial names are capable to distinguish one business from another business subject in the same field.
Commercial names that cause confusion with others that have been previously used in the same business field, or cause confusion with others' trade marks, which have already been protected, shall not be protected as commercial names.
In contrariety to geographical indications commercial names are entirely transferable and inheritable.
The IP rights to business secrets, geographical indications and commercial names shall be automatically established when all the conditions prescribed are fulfilled. This means, without having to make registration.

Unfair Competitions
Acts of industrial property related unfair competitions include using commercial instructions to mislead the perception and information about business subjects, establishments, business activities and goods for the purpose of damaging other people and appropriating and using investment yield without their permission.
This Decree applies to domestic and foreign organizations and individuals conducting business activities on Vietnamese territory. It also applies to organizations and individuals that have their industrial property rights protected under provisions of international multilateral and bilateral agreements which Vietnam has signed or acceded to. In case of different provisions, the provisions of such international agreements shall apply.

On September 29 2001 the National Assembly passed the Customs Law in which the Custom Agency was assigned by the Government to deal with violations in the field of industrial property at national entries.
Articles 57, 58, 59 of Chapter III Section 5 of the Customs Law deal with temporary postponement of the completion of customs procedures for the export and import of goods upon request for protection of intellectual property rights.

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