Trade Secrets vs. Patents

Counterfeiting and trade secrets are still the biggest challenges for many IP managers in China. Patents in many industries are now about software, especially in the automotive industry. The biggest challenge is seen in protecting software-related technologies, the problem being patentability. This development corresponds to the task of improving the quality of intellectual property rights.

The protection of trade secrets is becoming increasingly important. IP managers in China believe that the Trade Secrets Act will develop into an effective protection mechanism that will motivate companies to do more research and development as the driving force behind market success. In this context, the critical question of the contribution of patents to business success is also raised more frequently.

Many IP managers believe that the number of litigation cases involving claims for damages will continue to increase. This is because the government is trying to further strengthen intellectual property protection. The new Chinese patent law, the new Chinese guidelines for patent examination, the new law against unfair competition and the Chinese e-commerce law are the supporting pillars.

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