Chinese Intellectual Property and Technology Laws
Show Less

Chinese Intellectual Property and Technology Laws

Edited by Rohan Kariyawasam

Written by some of China’s leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of China’s Supreme People’s Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 6: Unfair Competition/Trade Secrets/Know-how (2)

Liu Xiaohai


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, . The editor is grateful for the help of Miss Li Jia (LLM International Commercial Law...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.