Title Page
ABSTRACT
Contents
CHAPTER 1: GERNERAL INTRODUCTION 15
1.1. Introduction 15
1.2. The purpose of research 21
1.3. The scope of the dissertation 22
1.4. the methodology of the dissertation 23
1.5. The structure of dissertation 24
CHAPTER 2: THE GENERAL CONCEPT OF PATENTS AND TRADE SECRETS PROTECTION 26
I. Intellectual property in the useful arts: Patent and trade secret 26
DEFINITION OF PATENT AND TRADE SECRETS 28
CHAPTER 3: MECHANISM OF RESOLVING THE INFRIGEMENTS AND LEGAL ISSUES OF THE CHOICE BETWEEN TRADE SECRETS AND PATENTS THROUGH COCA-COLA CASE 104
I. THE BUSINESS OF IP: THE PREFERENCE BETWEEN TRADE SECRET AND PATENT 104
1. Corporations and Trade Secrets Share a Perpetual Nature 105
2. Brief, issues and Analyzing through Coca-Cola Case 106
3. Trade Secret and its advantages, disadvantages 113
CHAPTER 4: MECHANISM OF RESOLVING THE INFRIGEMENTS AND LEGAL ISSUES OF THE CHOICE BETWEEN TRADE SECRETS AND PATENTS IN VIETNAM 128
I. Current situation, Patent and Trade secrets in Vietnam 128
1. Historical 128
2. International Conventions and Treaties 130
II. Intellectual property in Vietnam lack of rigor result to unfair competitive – The choice between patent and trade secret protection in Vietnam 135
1. Practices for protection of Trade secret in Vietnam 137
2. Practices for protection of Patents in Vietnam 143
3. Patent is more favour in Vietnam? 145
III. Overview practices for Protections in Asia 148
CHAPTER 5: CONCLUSION: UPGRADING LEGAL PROVISIONS AND ENFORCEMENT OF DIMINISHING THE CONFLICT BETWEEN THESE TWO CATAGORIES IN INTELLECTUAL PROPERTY AND PROTECT TO CORPORATION'S RIGHT 155
I. Adopting and Improving legal provisions 155
II. Upgrading the quality of enforcement on dimishing the conflict between Patents and trade secret 157
CONCLUSION 161
REFERENCES 163