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
Recently, China and the U.S. have reached some meaningful commitments on minimizing trade secrets misappropriation and protecting intellectual property during their Joint Commission on Commerce and Trade.The commitments represent a step forward for trade secrets protection between the U.S. and China. Many U.S. companies, however, still complain that they are burdened by intricate laws and litigation regarding trade secret misappropriation in China. Here’s a primer on Chinese trade secrets law, which is often jurisdiction-specific. READ MORE
In China, victims of trade secret misappropriation suffering losses over RMB 500,000 are entitled to file a civil action and may also report the case to public security authorities to initiate a criminal investigation. (For more of our coverage about trade secrets protection in China, click here). When both criminal and civil actions are pending, a Chinese criminal court tends to use the civil decision, if available, as the basis of proving the crime of trade secret misappropriation as long as the damages requirement is met. In Maige Kunci Co., Ltd. v. Suzhou Ruitai New Metal Co., Ltd. (regarded as one of the top 10 Chinese IP cases in 2014) READ MORE
