Store International The Protection of Trade Secrets in China - 2nd Revised Edition

The Protection of Trade Secrets in China - 2nd Revised Edition

By Shan Hailing


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For business investors in China, the legal handling of trade secrets is often crucial. However, initiatives are often complicated by a patchwork trade secrets protection system – pieced together haphazardly over the last two decades and drawing on disparate elements of competition law, contract law, employment law, and criminal law – that diverges in significant ways from global standards and corresponding regimes in other countries. Now at last interested parties can benefit richly from a thorough and practical approach to the subject. This detailed analysis of China’s trade secrets law provides in-depth information and guidance on such important factors as the following:
  • the current framework of China’s trade secrets law, its past development and its ongoing trends;
  • legal comparison of China’s trade secrets law with various international, regional, and national schemes;
  • what constitutes trade secrets infringement in China and what remedies are available; and
  • the legal interaction in China between employment relations and trade secrets protection.
The author pays close attention to judicial practice and precedent in the areas of civil remedies, criminal punishment, and administrative penalties. She also offers insightful proposals formulated to align China’s trade secrets law more efficiently with prevailing global standards and generally improve the mechanisms for its implementation. Corporate counsel and international lawyers concerned with intellectual property rights or labour law in China will greatly appreciate the knowledgeable guidance this book affords. They will gain a deeply informed perspective that allows them to avoid infringement, to battle it effectively if occasion arises, and to plan dispute resolution strategies for contingencies involving trade secrets protection in China.

Last Updated 11/28/2012
Update Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041138934
SKU 10059575-0001
Table of Contents

Summary of Contents


Foreword by Prof. Dr. Johan Erauw

Foreword by Prof. Willy van Eeckhoutte

Part I History and Development of Trade Secret Protection Law in China

Chapter 1 Historical Evolution of the Science of Law on Trade Secrets in China

Chapter 2 Present Situation and Trends in the Science of Law on Trade Secrets in China

Part II Legislation on the Protection of Trade Secrets in Chinese Law

Chapter 1 The Legal Framework for the Protection of Trade Secrets in China

Chapter 2 Legal Definition and Elements of Trade Secrets

Chapter 3 Differences between Trade Secrets and Traditional IPR

Part III Remedies for Infringement

Chapter 1 The Theoretical Foundations for a System of Legal Protection in China

Chapter 2 Civil Law Remedies for Infringement of Trade Secrets

Chapter 3. Criminal Law Remedies for Trade Secret Infringement

Chapter 4 Administrative Protection of Trade Secrets

Chapter 5 Arbitration Proceedings in Labour Law

Part IV Employment Relations and Trade Secret Protection

Chapter 1 Transformation of the Chinese Planned Economy System and the Market Reform of Its Labour Force

Chapter 2 Key Issues of Trade Secret Protection in Employment Relationships: Conflict and Balance of Interests

Chapter 3 Duty of Confidentiality and Non-competition during the Term of Employment

Chapter 4 The Duties of Confidentiality and Non-competition Following Termination of Employment

Chapter 5 Settlement of Trade Secret Disputes in Employment Relationships with Foreign Elements


Appendix I

Appendix II

Selected Bibliography

List of Statutes of People’s Republic of China