The Supreme People’s Court of the People’s Republic of China released the “Opinions on Increasing the Punishment of Intellectual Property Infringement Acts According to Law” (关于依法加大知识产权侵权行为惩治力度的意见) on September 15, 2020. The opinions confirm the primacy of injunctions and potentially increases the amount of monetary damages typically awarded. The opinions also cover strengthening evidence preservation and increasing criminal enforcement of the intellectual property laws. Notably, the opinions amend Article 20 (now Article 15) from the draft opinions by removing a foreigner-targeted clause, …
Category: Trade Secrets
China’s Threshold for Criminal Trade Secret Misappropriation to Drop to 300,000 RMB
On September 13, 2020, China’s Supreme People’s Court and Supreme People’s Procuratorate released the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights (3) (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）) effective September 14, 2020. One of the key highlights in this Judicial Interpretation is the reduction in the threshold for criminal misappropriation of trade secrets. Previously, the threshold was 500,000 RMB (~$73 thousand USD) and will now be 300,000 RMB.
China’s Supreme People’s Court Releases Provisions on Several Issues Concerning the Application of Law in Trial of Civil Cases of Infringement of Trade Secrets
On September 11, 2020 (and effective September 12, 2020), the Supreme People’s Court of China released the Provisions on Several Issues Concerning the Application of Law in Trial of Civil Cases of Infringement (Theft) of Trade Secrets (审理侵犯商业秘密民事案件适用法律若干问题的规定). This judicial interpretation of the Anti-Unfair Competition Law and the Civil Procedure Law clarifies the definition of trade secrets in civil litigation and how theft of trade secrets should be handled in civil litigation in China.
China’s State Administration for Market Regulation Releases Draft Provisions on the Protection of Trade Secrets
On September 4, 2020, China’s State Administration for Market Regulation (SAMR) released the Draft Provisions on the Protection of Trade Secrets 《商业秘密保护规定（征求意见稿）》 for comment. The draft provisions provide definitions of trade secrets and infringement (theft) of same; how to investigate suspected infringement of trade secrets; and legal liability for trade secret infringement.