How can trade secret misappropriation disputes be litigated in Chinese courts, despite the system’s lack of US-style discovery tools? Many companies, especially foreign companies, might be hesitant to even think about bringing trade secret misappropriation actions in China for many reasons, but perhaps most importantly, based on concerns over how to collect evidence. READ MORE
Dr. Xiang Wang is the Co-Chair of Orrick’s Global Advisory Board, Partner in Charge for Asia and the head of China IP and Data Privacy practices, splitting his time between three offices: Shanghai, New York and Beijing, where he is the Managing Partner.
Xiang is a Guiding Expert of the China Overseas IP Dispute Response & Guidance Center.
Xiang has extensive experience in assisting local and foreign-based multinational companies with all aspects of their IP rights in the U.S., China and Asia, including IP litigation and arbitration, patent, copyright and trademark infringements, Section 337 U.S. International Trade Commission (ITC) investigations, patent office proceedings including inter partes reviews (IPR), IP due diligence and portfolio counseling, industrial espionage, trade secrets misappropriation, mass torts and product liability, securities litigation, the Foreign Corrupt Practices Act (FCPA), technology export control, the Alien Tort Statute (ATCA) and the Racketeer Influenced and Corrupt Organizations Act (RICO) investigations and compliance. These matters have implicated a vast array of technologies, from software and electronics to renewable energy and medical devices as well as agricultural and building materials, to name just a few. Xiang also works extensively on cybersecurity & data privacy issues for both Chinese and international clients.
Xiang has been particularly active in Chinese state-owned enterprises related U.S. litigation. Clients turn to his strategic and innovative advice thanks to the in-depth understanding of their business needs and political risks, and appreciate that he “understood the environment in the China legal system and can give nuanced advice”.
Xiang has developed the region’s premier IP practice based on his reputation as one of the few IP lawyers who has a doctorate in electrical and computer engineering, a Juris Doctor, a Chinese Certificate of Laws and admission to practice law in New York, Indiana and before the U.S. Patent and Trademark Office. Due to its success in patent disputes in the U.S. and China, involving both foreign and Chinese companies, Orrick IP team was exclusively featured in a documentary film “Patent Wars” by the China Central Television (CCTV).
Xiang is highly regarded for his practical legal advice that results from more than 10 years of experience at medical and electronic device businesses before becoming a lawyer. He also has received four U.S. medical-technology patents in his name.
Posts by: Xiang Wang
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.