China Releases Draft Provisions to Protect Trade Secrets


China's State Administration for Market Regulation announced it is soliciting comments on draft provisions toward the protection of commercial trade secrets.

According to the administration, this move is in connection with the "Anti-Unfair Competition Law," and aims to "strengthen the protection of enterprise trade secrets, stop unfair competition infringements on trade secrets, encourage R&D and innovation, optimize the business environment, and maintain fair competition in the market order."

As described in a related report by The National Law Review, these draft provisions provide definitions of trade secrets and infringement (theft); how to investigate suspected infringement of trade secrets; and the legal liability for trade secret infringement. Full details are outlined in provided downloads (in Chinese) including: the Explanation of "Provisions on the Protection of Trade Secrets (Draft for Solicitation of Comments);" and Regulations on the Protection of Trade Secrets (Draft for Solicitation of Comments).

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