Xiaohai, Liu --- "Unfair Competition/Trade Secrets/Know-how (2)" [2011] ELECD 843; in Kariyawasam, Rohan (ed), "Chinese Intellectual Property and Technology Laws" (Edward Elgar Publishing, 2011)

Book Title: Chinese Intellectual Property and Technology Laws

Editor(s): Kariyawasam, Rohan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849800082

Section: Chapter 6

Section Title: Unfair Competition/Trade Secrets/Know-how (2)

Author(s): Xiaohai, Liu

Number of pages: 35

Extract:

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 cus-
tomer lists, management plans, financial documents, sources of supply,
bid prices, bid documents and so on. Technical information includes


1 Professor of Law at Tongji University. For English versions of the provi-

sions of laws and regulations cited or referred to in this chapter, except those
that have official English versions, refer to Chinalawinfor.com, ...