Protecting Trade Secrets in China

Trade secrets were first introduced into China law through the Article 10 of the “Anti-Unfair Competition Law of China” (effective Dec. 1, 1993).  This defines a “trade secret” as technological or business information that (a) is unavailable to the public; (b) creates economic benefits for its owner and is of practical utility; and (c) is subject to measures taken by its owner to maintain its secrecy.  And it defines “misappropriation” as taking place when:

 

  • a party acquires the owner’s trade secret by improper means such as theft, economic inducement, or coercion;
  • a party discloses, uses, or allows other parties to use the trade secret acquired by these means;
  • a party discloses, uses, or allows other parties to use the trade secret in violation of an agreement with, or requirement by, the owner to protect the trade secret; or
  • a third party acquires, uses, or discloses other parties’ trade secrets with the actual or presumed knowledge of the above-mentioned illegal acts.

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