ABSTRACT
Many developed countries are concerned about the strength of trade secret protection in China. This study empirically reviews all the 68 public judicial decisions regarding the misappropriation of technical secrets in China between January 2013 and December 2021. It explores both the judicial efforts on strengthening trade secret protection and the defects of enforcing the protection in civil judicial proceedings by inspecting the process of adjudication and legal analyses shown in judicial decisions. This study shows the limitations of Chinese trade secret statutes and exposes some problems in the application of the statutes in court. It also shows the strong deference to expert opinions and criminal investigations in civil adjudication proceedings regarding technical secrets, which may create more defects beyond the limitations of legislation and enforcement.
Wang, Runhua, Solving Trade Secret Disputes in Chinese Courts: Some Empirical Evidence (July 7, 2022).
First posted 2022-07-20 08:30:08
Leave a Reply