Jiangsu Province, Guidelines for the Handling of Criminal Cases Involving the Infringement of Trade Secrets

江苏省办理侵犯商业秘密刑事案件的指引

January 25, 2024 | BY

Susan Mok

Jiangsu publishes the first guidelines on handling criminal cases involving trade secret infringement.

Issued: January 8, 2024

Applicability: The term "trade secret" means commercial information, such as technical information and business information that is not known to the public, has commercial value and for which the rights holder has taken appropriate confidentiality measures. The content of a trade secret asserted by a rights holder shall be clear and specific.

Main contents: A determination as to whether technical information is not known to the public may be based on the professional opinions provided by technical experts, technical investigators or other persons with specialized knowledge, as well as science and technology novelty search reports. When necessary, the same may be resolved by means such as technical appraisal (Section Two(1)).

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