On April 25, 2025, China’s State Administration for Market Regulation (SAMR) released the draft Regulations on the Protection of Trade Secrets for comment (商业秘密保护规定(征求意见稿)). Comments are due May 25, 2025. This draft updates the 1998 version with necessary revisions due to the march of technology. As explained by SAMR: The revision and promulgation of the “Regulations on the Protection of Trade Secrets” is an urgent need to adapt to the new situation and new challenges of trade secret protection. With …
Category: Trade Secrets
China’s Supreme People’s Court Releases Summary of the Annual Report on the Application of Law in Intellectual Property Cases (2024) Listing 41 Case-Derived IP Laws
On April 21, 2025, China’s Supreme People’s Court released the Summary of the Annual Report on the Application of Law in Intellectual Property Cases (2024) (全国法院知识产权案件法律适用问题年度报告（2024）摘要) listing 41 laws derived from 2024 IP litigation cases (and 2 from antitrust). While China is not a common law country, China’s SPC regularly releases guiding or typical cases as well as these summaries to promote uniformity to help ensure similar cases are treated consistently across different courts.
China’s Supreme People’s Court Releases Typical Intellectual Property Cases in People’s Courts of 2024
On April 21, 2025, China’s Supreme People’s Court (SPC) the Typical Intellectual Property Cases in People’s Courts of 2024 (2024年人民法院知识产权典型案例). This year’s annual release includes only 8 cases and includes trade secret theft, an IP ownership dispute, copyright infringement, trademark infringement, and unfair competition. No patent infringement cases made the list this year. Typical cases are used by the SPC to promote uniformity to help ensure similar cases are treated consistently across different courts.
Supreme People’s Court Presiding Judge Chen Wenquan Elaborates on 640 Million RMB Trade Secret Case
On March 7, 2025, Judge CHEN Wenquan, the Supreme People’s Court judge that presided over the case that yielded the largest intellectual property damages in China’s history, elaborated on the case. In decision （2023）最高法知民终1590号 released June 14, 2024, the SPC applied 2X punitive damages on appeal in a dispute between two well-known (and unnamed) domestic automotive companies regarding new energy vehicle chassis technical trade secrets that were misappropriated in a personnel poaching scheme. The plaintiff is believed to be Geely …