Undisclosed Information
Overview of Trade Secret Protection in China
Author: Ma Ning (马宁) ; Source:chinalawinfo.com
Whether foreign company operates as wholly foreign-owned enterprises (WFOEs) or sets up joint ventures ("JV") with local partners in China, foreign companies should take a series of steps to protect their trade secrets in the workplace.
Confidential Information or Business Secrets
Submitted by Zhong Yi on Fri, 09/12/2008 - 17:03The “Non-disclosed Information” referred in TRIPS equals to the “Confidential Information” or “Business Secrets (Trade Secrets)” within China. In my view, there are some connections and differences between confidential information and business secrets (as one part) and Non-disclosure Obligations (as another part), i.e. the different legal consequences may resulted from the breach of Non-disclosure Obligations under any contract and the infringement of business secrets, in particular, the civil, administrative or criminal liabilities may arising from the infringement of business secrets, provided, however, the breach of Non-disclosure Obligations (except the confidentiality of business secrets) under any contract may
only subject to the civil liabilities.
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Constitutive Requirements of the Offense of Infringement of Business Secrets and Its Judicial Definition
Submitted by Zhong Yi on Mon, 05/12/2008 - 17:31On 9 May, 2008, a symposium on “the Constitutive Requirements of the Offense of Infringement of Business Secrets and Its Judicial Definition” was held by the Institute of the Law Firm of East China University of Political Science and Law. The experts in Criminal Law, Procedure Law, Civil Law, Administrative Law and Intellectual Property Law share their personal opinions about the topic. My former studies on the business secrets are basically based on the studies of Anti Unfair Competition Law.
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