Protection of Information as Trade Secrets in China

September 17, 2021 | BY

Susan Mok

Fang Qi and Danlei Wu of Fangda Partners discuss what information qualifies for trade secrets protection including the scope of trade secrets, protective measures in place for trade secrets and confidentiality of trade secrets with reference to judicial decisions taking a lead role in the development of trade secrets law

 

Summary

  • The scope of potential trade secrets can be very broad, as both technical and business information can qualify as trade secrets.
  • The general procedure and the simplified procedure are not mutually exclusive, and qualified enterprises may choose to apply either one depending on their own considerations and circumstances.
  • Regarding confidentiality, the burden is on the alleged infringer to show that each asserted trade secret point was known to the public prior to when the alleged infringing actions took place.

 

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