China’s State Administration for Market Regulation Releases Draft Provisions on the Protection of Trade Secrets

Posted on Categories Trade Secrets, Unfair Competition

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 State Administration for Market Regulation Releases National Plan to Combat Intellectual Property Infringement

Posted on Categories Copyright, Patents, Trademarks, Unfair Competition

On June 5, 2020 China’s State Administration for Market Regulation (SAMR), which regulates market competition, monopolies, intellectual property, and drug safety, released a national plan to combat intellectual property infringement.  The plan is officially entitled “Key Points of the National Work to Crack Down on Intellectual Property Infringement and the Production and Sale of Counterfeit and Inferior Commodities in 2020.”  The plan lists 35 points in 6 areas covering trademark, patent, copyright, and trade secret protection and makes special emphasis …

China’s Supreme People’s Court Rules Customer Lists are not Trade Secrets

Posted on Categories Case, Unfair Competition

In decision  (2019)最高法民再268号 dated December 16, 2019 and just recently published,  the Supreme People’s Court of China (SPC) held that customer lists are not trade secrets even with signed confidentiality agreements. One of the defendants, former employees of the plaintiff, Huayang Xinxing Technology (Tianjin) Group Co., Ltd. , left Huayang to start Mai Da Keer (Tianjin) Technology Co., Ltd. after almost 20 years at Huayang. With their departure, the defendants took a customer list containing 43 customers’ data including the …

China Issues Ruling in First 5G Criminal Intellectual Property Law Case

Posted on Categories Case, Unfair Competition

The People’s Court of Nanshan District of Shenzhen recently issued a ruling believed to be the first 5G criminal intellectual property law case in China.   5G is the fifth generation technology standard for cellular networks, which cellular phone companies began deploying worldwide in 2019, the planned successor to the 4G networks which provide connectivity to most current cellphones.  The Court held defendants Huang Mouyu and Wang Mou guilty of trade secret theft and sentenced them to three years in jail and a 150,000 RMB fine.  The …