In a report released today, Rouse and its strategic partner, Lusheng have analysed trade secret litigation cases published in China. We examine a selection of published trade secret cases in our CIELA database from the senior courts, highlight key statistics and provide commentary and insights on how China’s courts approach protection of trade secrets.
To view the report, please click here.
Background
Trade secrets are protected in China under Article 9 of the Anti-Unfair Competition Law (“AUCL”). The most recent amendments to the AUCL, which expanded the ambit of legal protection for trade secrets, came into effect on 23 April 2019 (the “Amendments”).[1] Additional legislation was provided by Supreme People’s Court Regulations (“SPC Regulations”)[2] containing guidelines on the application of law in civil trade secret cases, replacing an earlier Judicial Interpretation,[3] and a corresponding Supreme People’s Procuratorate and SPC Judicial Interpretation on criminal cases.[4]
A detailed review of the Amendments, SPC Regulations and some early court decisions that apply this new legislation can be found in a report from IP Key “Study on Trade Secrets”.[5] This report therefore does not comment further on the Amendments but provides some data and commentary on the impact that this new legislation may be having on court decisions.
[1] The Amendments are accessible at <https://gkml.samr.gov.cn/nsjg/fgs/201906/t20190625_302771.html>.
[2] 最高人民法院关于审理侵犯商业秘密民事案件适用法律若干问题的规定, 法释 (2020) 7号.
[3]最高人民法院关于审理不正当竞争民事案件应用法律若干问题的解释法释 (2007) 2号.
[4]最高人民法院最高人民检察院关于办理侵犯知识产权刑事案件具体应用法律若干问题的解释（三）法释 (2020) 10号.
[5] IP Key “Study On Trade Secrets” accessible at <https://ipkey.eu/sites/default/files/ipkey-docs/2021/IPKey-China_jan2021_20201203%20Study%20on%20Trade%20Secrets%20-%20Final%20Report.pdf>.
The report was authored by Chris Bailey, Rouse Principal, Sophia Hou, Principal of Lusheng Law Firm (Strategic Partner of Rouse), Aria Tian, Head of the China Research Unit of Rouse, Julie Zhao of China Research Unit of Rouse, and Roslyn Lai, Rouse Legal Writer & Researcher.
