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.
Category: Trade Secrets
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.
China’s Ministry of Justice Releases Draft Guiding Opinions on Strengthening the Protection of Commercial Secrets in Administrative Licensing
On August 14, 2020, the Ministry of Justice of the People’s Republic of China issued the Guiding Opinions on Strengthening the Protection of Commercial Secrets and Confidential Business Information in the Process of Administrative Licensing (Draft for Solicitation of Comments) (关于强化行政许可过程中商业秘密和保密商务信息保护的指导意见（征求意见稿）). The draft opinions acknowledge “that in the process of implementing administrative licensing in some localities and departments, there are problems such as incomplete confidentiality systems, inadequate implementation of management systems, and imperfect accountability mechanisms, which are not conducive to …
China’s Supreme People’s Court Releases Draft Opinions on Increasing Sanctions for Intellectual Property Infringement
The Supreme People’s Court of the People’s Republic of China released the “Opinions on Increasing Sanctions for Intellectual Property Infringement (Draft for Comment)” “关于加大知识产权侵权行为制裁力度的意见（征求意见稿）” in mid-June for comment. The draft opinions confirm the primacy of permanent 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.