Friday, October 23, 2020

Corporate Security: Patent and Trade Secret Enforcement in China

via Zhong Lun Law Firm
Over the past decade, patent and trade secret litigation has become increasingly popular in China. 

This chapter focuses on China’s adjudication system in patent and trade secret cases, on the various ways to collect evidence and the procedures involved. It also looks at recent trends to help foreign companies understand China’s patent and trade secret litigation system and to safeguard their legal rights and interests in China...

Electronic intrusion, violation of confidentiality obligations and other criminal acts are also recognized as misappropriation of trade secrets. In addition, commercial espionage crimes have also been added, which are defined as “stealing, spying, buying, and illegally providing trade secrets for foreign institutions, organizations and personnel”. more

The "electronic intrusion" part is important. Not conducting regular Technical Surveillance Countermeasures (TSCM) inspections risks weakening your standing, and missing crucial supporting evidence.