A landmark ruling in China has found that the purchase of data containing trade secrets can lead to legal consequences. In one specific case, Guangzhou Sanmou Motorcycle, a motorcycle manufacturer, acquired company data from the top ten motorcycle exporters through a contract with a data provider. This data included sensitive information of a competitor, Chongqing… Continue reading Purchase data can be trade secrets
Tag: trade secrets
Evidence in Case of Trade Secrets Infringement
To successfully prove a trade secret infringement in court, viable evidence is required. The plaintiff can prove various forms of infringement: The acquisition of a trade secret through illegal means such as theft, bribery, or fraud; the defendant’s disclosure, use, or permission to use the acquired trade secret; the breach of confidentiality obligations; or the… Continue reading Evidence in Case of Trade Secrets Infringement
Burden of Proof and Damage Assessment for Trade Secrets
In the rapidly changing innovative fields of technology, the protection of trade secrets is becoming increasingly important. Legislation in China currently offers different approaches to better protect one’s know-how. For example, the Interpretation (III) of Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases Involving Infringements upon Intellectual Property Rights,… Continue reading Burden of Proof and Damage Assessment for Trade Secrets
Breach of Business Secrets for the Benefit of Foreign Parties
In the draft for the extension of the criminal law, a new paragraph against industrial espionage in particular attracts attention: “Anyone who steals, spies on, buys or illegally makes available trade secrets for the benefit of foreign corporations, organizations or persons shall be punished with a prison sentence of up to 5 years or a… Continue reading Breach of Business Secrets for the Benefit of Foreign Parties
Patent Protection for AI in China: New Guidelines and References
The number of Chinese patent applications in the field of artificial intelligence is growing rapidly – the bottom line is that companies based in China have filed more than 440,000 AI patents by October 2019. Applicants are mostly large companies such as Baidu, Alibaba, Tencent, Inspur and Huawei as well as universities or research centers,… Continue reading Patent Protection for AI in China: New Guidelines and References
Protection of Trade Secrets: The long Arm of the USA
As trade secrets are becoming more and more important for many companies, the question of how companies can enforce their rights against a foreign company is gaining in importance. The laws and regulations for the protection of trade secrets vary widely in different countries. There is no common standard for common law countries or civil… Continue reading Protection of Trade Secrets: The long Arm of the USA
China Loses the Battle for the WIPO Chairmanship
China has lost the battle for the chairmanship of the World Intellectual Property Organisation (WIPO), the UN organization regulating the international protection of intellectual property in Geneva. The new Director General will be Daren Tang, previously Chief Executive Officer of the Intellectual Property Office in Singapore (IPOS). The decision against the Chinese candidate Wang Binying,… Continue reading China Loses the Battle for the WIPO Chairmanship
Confidential Information are Trade Secrets
The economic and trade agreement signed by the USA and China on 15 January 2020 (phase one) contains prominent provisions on the protection of trade secrets. The content of the agreement includes not only procedural decisions such as burden sharing in civil proceedings, interim measures to prevent the use of trade secrets or criminal proceedings… Continue reading Confidential Information are Trade Secrets
Operation Cloud Sword: China Fights Cybercrime
The Chinese State will in future pursue cybercrime and theft of trade secrets via the Internet in cooperation with other countries. To this end, the Ministry of Public Security launched an operation called Cloud Sword in July 2019, which focuses on international cooperation in the fight against transnational cybercrime. The new programme is showing first… Continue reading Operation Cloud Sword: China Fights Cybercrime
Stronger Protection for Trade Secrets – But Only with Proper Protection Measures in Place
Just last November, the U.S. Department of Justice charged a Chinese employee who had worked for Monsanto with theft of trade secrets for China. The existence of trade secrets is a prerequisite for winning an infringement lawsuit. Although China’s newly revised anti-unfair competition lawhas strengthened the protection of trade secrets, it is still challenging to… Continue reading Stronger Protection for Trade Secrets – But Only with Proper Protection Measures in Place
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