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.
Trade Secrets Watch Launches New Blog May 1st
We’re excited to announce the launch of Orrick’s new trade secrets blog, Trade Secrets Watch! We hope this blog will be an entertaining and useful resource for those interested in the latest trade secret news, case law, happenings and events. We’ll be covering everything trade secret related — from the protection and theft of confidential business information, to cybersecurity, industrial espionage, enforceability of non-compete agreements, and employee raiding and solicitation, among other topics.
Although there are many blogs out there, we think Trade Secrets Watch will offer a new breadth of coverage and a refreshing diversity of perspectives. Our contributors include trade secrets lawyers from thirteen different offices around the world and six different practice groups. Readers will receive Orrick’s Silicon Valley office’s updates on the latest cases in the tech industry and also international developments from our Beijing to London offices. Readers also will enjoy perspectives from lawyers who specialize in intellectual property litigation, as well as employment law and white collar crime and corporate investigations.
For more frequent posts and updates, follow us on Twitter at @TS_Watch, or sign up for our weekly newsletter, and we’ll deliver our blog posts directly to your email inbox. We hope you enjoy Trade Secrets Watch!