China’s Supreme People’s Court Limits Non-Competes to be Consistent with Employee Access to Trade Secrets

Posted on Categories New Law, Rule or Implementing Regulation, Trade Secrets

On August 1, 2025, China’s Supreme People’s Court (SPC) released the Interpretation of the Supreme People’s Court on the Application of Law in the Trial of Labor Dispute Cases (II)(最高人民法院关于审理劳动争议案件适用法律问题的解释(二)). The Interpretation states that if an employee is not aware of or exposed to the employer’s trade secrets and confidential matters related to intellectual property, even if an employer and employee have agreed upon a non-compete clause, the non-compete clause will not take effect and will not be binding on …

China’s Ministry of Public Security Announces the Issuance of “Opinions on Combating Intellectual Property Crimes in Accordance with the Law to Serve High-Quality Development”

Posted on Categories Case, Copyright, New Law, Rule or Implementing Regulation, Trade Secrets, Trademarks

On July 16, 2025, China’s Ministry of Public Security (PSB) announced the release of the “Opinions on Combatting Intellectual Property Crimes in Accordance with the Law to Serve High-Quality Development” (关于依法打击知识产权犯罪服务高质量发展的意见) although no copy appears to be publicly available.  Simultaneously, the PSB also released “Five Typical Cases of Public Security Organs Combatting Intellectual Property Crimes in Accordance with the Law to Serve High-Quality Development” (公安机关依法打击知识产权犯罪服务高质量发展的5起典型案例) including an economic espionage case involving an unnamed foreign country.

China’s National People’s Congress Passes Amended Anti-Unfair Competition Law

Posted on Categories New Law, Rule or Implementing Regulation, Trade Secrets, Trademarks, Uncategorized, Unfair Competition

On June 27, 2025, China’s National People’s Congress (NPC) passed the newly amended Anti-Unfair Competition Law (中华人民共和国反不正当竞争法). The amended Anti-Unfair Competition Law (AUCL) will be effective October 15, 2025.  While China is not a common law country, Article 7 of the AUCL nonetheless provides common law-like protection for unregistered marks that have a “certain influence.” Article 7 is updated to prohibit the use of others’ trademarks as business names or search keywords. However, this revision does not address much needed …

China’s Supreme People’s Court Designates Record-Setting Trade Secret Case as a Typical Case

Posted on Categories Trade Secrets

On May 26, 2025, China’s Supreme People’s Court (SPC) released the “Typical cases on the fifth anniversary of the promulgation of the Civil Code” (民法典颁布五周年典型案例) including one intellectual property case – the record-setting 640 million RMB trade secret case of June 2024. While the decision was a hollow victory as the defendant is insolvent and has not paid any damages, designation as a typical case may encourage lower courts to award higher damages in future trade secret cases. While the …