Edited by Rohan Kariyawasam
Chapter 6: Unfair Competition/Trade Secrets/Know-how (2)
6. Unfair competition/trade secrets/ know-how (2) Liu Xiaohai1 The previous chapter focused on trade secrets. This chapter opens with a summary of the fundamental components of Chinese trade secrets law introduced in Chapter 5, before looking at the overlap between trade secrets and other IP rights, such as copyright and the law of trademark, and then going on to discuss the licensing of know-how and confidentiality in Chinese employment contracts. 6.1. OVERVIEW OF TRADE SECRETS 6.1.1. Definition of Trade Secret According to Article 10(3) of the Anti-Unfair Competition Law of the People’s Republic of China and Article 219(3) of the Criminal Law of the People’s Republic of China (2007), a trade secret refers to technical and management information which is: (1) unknown to the public; (2) capable of bringing economic benefits to the owners of rights in the information; (3) has practical applicability; (4) is kept secret through various measures taken by the owners. However, under Article 39 of the TRIPS Agreement, Chinese legal doctrine and judicial practice usually combine elements 2 and 3 in accordance with TRIPS. Management information includes customer lists, management plans, financial documents, sources of supply, bid prices, bid documents and so on. Technical information includes Professor of Law at Tongji University. For English versions of the provisions of laws and regulations cited or referred to in this chapter, except those that have official English versions, refer to Chinalawinfor.com,
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