On October 26, 2026, China’s Ministry of Commerce (MOFCOM) released the Special Provisions on Protecting China’s Trade Secrets (Draft for Comment) (保护中国商业秘密特别规定（征求意见稿）). Despite its title, the Draft does not address general trade secret protection. It is a sanctions-style mechanism aimed at foreign companies, organizations, and individuals: where MOFCOM determines that a foreign entity’s infringement of a Chinese trade secret endangers, or poses an actual threat to, China’s national sovereignty, security, or development interests, MOFCOM may impose trade, investment, entry, residency, …
Category: Trade Secrets
China’s Supreme People’s Court Issues First National Judicial Rules on AI Disputes — But Sidesteps Copyrightability of AI-Generated Works
On September 7, 2026, the Supreme People’s Court of the People’s Republic of China released the Opinions of the Supreme People’s Court on the Trial of Cases Involving Artificial Intelligence Disputes (最高人民法院关于依法审理涉人工智能纠纷案件的意见). The Opinions comprise five parts and 24 articles and are the first set of judicial adjudication rules concerning artificial intelligence issued by China’s highest judicial body. They are framed as guidance for lower courts applying existing law – the Civil Code, Cybersecurity Law, Data Security Law, Copyright Law, …
China’s Supreme People’s Procuratorate Releases Five Typical Cases on Technical Support in IP Case Handling
On September 2, 2026, the Supreme People’s Procuratorate (SPP) publicly released five typical cases illustrating technical support in intellectual property procuratorial case handling. These cases were jointly compiled by the SPP’s Intellectual Property Procuratorial Department and the Procuratorial Technology and Information Research Center, reflecting recent efforts by procuratorial organs to adapt to the specialized and technical nature of intellectual property cases. The cases span both criminal and civil procuratorial functions, addressing technical issues including patent infringement determination, non-public-knowledge determination for …
China’s SAMR Finds That AI Prompts and Related Materials Can Be Protected as Trade Secrets
On August 20, 2026, the State Administration for Market Regulation (SAMR) published six typical cases involving infringement of trade secrets, including a case in which SAMR held that prompts, review rules, and annotation specifications used in an AI large-model system can independently constitute trade secrets, separate from any protection attaching to underlying source code. The six cases were released to illustrate enforcement under the Anti-Unfair Competition Law of the People’s Republic of China (as amended in 2019) and to inform …