Mimiao Hu

Of Counsel

Beijing


Read full biography at www.orrick.com
Mimiao Hu, an of counsel in Orrick’s Beijing office, is a member of the Intellectual Property Group.

Her work has included trademark and copyright protection strategies, intellectual property litigation, unfair competition, intellectual property due diligence, cybersquatting and related technology issues. Mimiao has also advised clients on export regulation of military and dual-use items and customs regulation in China. Mimiao also works extensively on cybersecurity & data privacy issues for both Chinese and international clients.

Prior to joining Orrick, Mimiao was a senior associate in the Beijing and Shanghai offices of a major PRC law firm.

Posts by: Mimiao Hu

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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