What is the law on trade secrets in China?

Trade secrets law in China is established by various laws and regulations, including the Law on Anti-Unfair Competition, the Patent Law, and the Copyright Law. Under these laws, trade secrets must be kept confidential by the company or individual who possesses them. Companies can take legal measures to protect trade secrets, such as applying for trade secret protection certificates, signing non-disclosure agreements, and punishing those who have unlawfully acquired or disclosed the trade secrets. China’s trade secret protection primarily focuses on prevention, by punishing those who steal or disseminate trade secrets, as well as by providing remedies such as compensation and punitive damages. For example, the Law on Anti-Unfair Competition enables victims of trade secret theft to file a lawsuit in a People’s Court and claim damages. Punitive damages may be imposed on those who acquire, disclose, or use trade secrets without authorization. Trade secrets are also subject to criminal liability when the offenses are more serious. For example, under the Criminal Law, the theft of trade secrets is punishable by up to three years of imprisonment, or even heavier penalties if the theft causes significant losses. Therefore, companies and individuals should pay close attention to trade secrets protection in China and take necessary measures to prevent the loss or misuse of trade secrets. Trade secrets should be kept confidential and only disclosed to necessary parties under strict confidentiality agreements. Companies should also be aware of their legal rights and remedies if their trade secrets are stolen or unlawfully misused by another.

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What is the law on trade secrets in China?

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