ChinaTrade SecretsThis essay builds on the article "'The Google Challenge': Enforcement of Noncompete and Trade Secret Agreements for Employees Working in China," and discusses new developments in Chinese laws for the protection of trade secrets, which are designed to addresses concerns of ...
Trade secret protection in China in the era of civil code6 minute readIvy Liang Director Vivian Desmonts Partner Co-Managing Partner of China Practice On 26 February 2021, the Supreme People's Court of China (the "SPC") handed down the second-instance judgment for the dispute between the...
Now, thanks to the shift of the burden of proof onto the defendant, the plaintiff shall provide just prima facie evidence, thus being an obligation of the first to prove that the asserted trade secret does not constitute a trade secret under the law. In simple speak, the defendant has to ...
Complex techniques and procedures.Trade secret cases involving techniques usually touch upon complicated and specialized technical expertise in multiple technical fields, posing a challenge to both lawyers and judges. Therefore, the involvement of technical experts and third-party appraisal agencies is usuall...
Despite fairly robust legal protections, trade secret theft in China remains a serious problem. However, there are various practical safeguards that companies can explore, from properly training employees to setting up fake servers to attract hackers To read more Register for limited access Register ...
It is stipulated in Article 9 of China’s Anti-unfair Competition Law, which came into effect on January 1, 2018, that the term trade secret means “information about technologies and business operations unknown to the public, possessing commercial value and protected by corresponding confidentiality...
I.Put in Place Good Practices in the Management of Trade Secrets Firstly, we need to identify the protected object of trade secret. Article 9 of the AUCL reads that, “Trade secret means technical, operational, or other commercial information unknown to the public, which is of commercial valu...
Trade secrets and confidential information are in fact a subset of the potentially much larger class of proprietary information. Trade Secrets. To be a trade secret, the information must not be generally known to the public or to people in the relevant industry. The information must be ...
In China, trade secret is mainly protected by “Unti-unfair Competition Law of the People's Republic of China” and “Criminal Law of the People's Republic of China”. Article 10 of the “Unti-unfair Competition Law” prescribes the situations of infringing on the trade secret, and also ...
'The Google Challenge': Enforcement of Noncompete and Trade Secret Agreements for Employees Working in China This article addresses issues related to the enforcement of non-compete agreements and the protection of trade secrets for employees working in China. Part... Marisa Anne Pagnattaro - 《Ame...