In China, the protection of trade secrets is mainly based on the prevailing Anti-unfair Competition Law, while most of the real-life standards derive from judicial practice. The inherent characteristics of trade secrets cases also mean that difficulties exist in judicial practice for protecting trade secrets.
The Anti-unfair Competition Law has spelled out the definition and types of trade secrets, and the trade secrets protected by the Anti-unfair Competition Law must mean technical information and business information that are not known to the public, are capable of bringing economic benefits to right holders, have practical applicability, and which the rights holders have taken measures to keep confidential.
The attributes of secrecy (i.e., not known to the public), value and confidentiality (i.e., subject to confidentiality measures) constitute the basic elements of trade secrets, and are widely adopted in judicial practice. The judicial interpretations of the Anti-unfair Competition Law contain further provisions on the connotation of secrecy, value and confidentiality.
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Zhang Zhongbo (Aaron) is the leading partner of the Wintell & Co’s IP team. He can be contacted on +86 139 1696 1793 or by email at firstname.lastname@example.org