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Trade Secrets China

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -

New specialized IP Tribunals unveiled in economic powerhouses Wuhan, Nanjing, Suzhou and Chengdu

by Hogan Lovells on

Following the largely successful establishment of the specialized IP Courts in Beijing, Shanghai and Guangzhou, the Chinese Supreme People’s Court has recently also given the green light for the establishment of specialized...more

$1.2 Million Dispute Between West Mountain Environmental and the Shanghai Hehui Environmental Technology

by Seyfarth Shaw LLP on

Seyfarth Synopsis: An environmental remediation technologies company is in the midst of litigation in Chinese courts over a $1.2 million contract to provide its technology to a Chinese company. According to the Chinese...more

U.S. Steel ITC Case Alleging Chinese Government Hacked Its Network and Stole Its Secret Formulas May Be Revived

First, a little background for those unfamiliar with the wonderful world of the International Trade Commission (ITC). Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) prohibits “unfair methods of competition and...more

Anti-unfair competition law

by Allen & Overy LLP on

On 22 February 2017, at the 26th session of the Standing Committee of the 12th National People’s Congress (NPC) of China, the State Council put forth a bill to amend the Law Against Unfair Competition (LAUC). The bill was...more

China: Non-Competes and Employee Post-Departure Reporting Obligations

by Dentons on

"Non-compete" refers to an agreement concluded between an employer and an employee at the time of hire, which provides that for a certain period after the termination or rescission of the employment contract, the employee...more

China: Application of Non-Competes To Protect Business Secrets

by Dentons on

An enterprise may have no patents or trademarks, but definitely have business secrets. Business secrets—the enterprise’s core information assets—are important intangible assets that go to the core competence of the...more

China’s New Cyber Security Law Goes into Effect June 1, 2017

by Fisher Phillips on

China’s new cyber security law (Law) could have far-reaching impacts for companies that do business there. The Law goes into effect on June 1, 2017. As is typical of legislation passed by the Standing Committee of the...more

Supreme Court Deflates Sino Legend Cert Petition

On Monday, January 9, the Supreme Court denied a petition for certiorari from Sino Legend Chemical Co., Ltd., concluding litigation that began with a Section 337 complaint filed more than four-and-a-half years ago by SI...more

Challenge to ITC’s Extraterritorial Authority over Trade Secret Dispute Launched by Chinese Corporation

by Seyfarth Shaw LLP on

The United States International Trade Commission (“ITC”) is an independent, quasijudicial Federal agency with broad oversight over trade matters. In addition to trade practices such as dumping and subsidies, the ITC...more

International News: Focus on International Dispute Resolution

by McDermott Will & Emery on

Overview of the Proposed Reforms of the EU Merger Control Regime - In October 2016, the European Commission launched a public consultation to continue the process of identifying possible areas of the EU Merger Regulation...more

Supreme Court May Consider ITC’s Authority Over Trade Secret Matters

Here at TSW, we continue to watch closely developments in the Sino Legend v. ITC case. In September, Sino Legend petitioned the Supreme Court for a writ of certiorari to review whether Section 337 of the Tariff Act of 1930...more

Industrial Espionage and the Defend Trade Secrets Act

American corporations are facing an ever increasing threat of misappropriation of their valuable trade secrets through industrial espionage, defined as the theft of a company’s trade secrets by an actor intending to convert...more

ITC Puts 337 Case on Imports of Steel on Hold

by King & Spalding on

On April 26, the United States Steel Corporation (U.S. Steel) filed a complaint with the International Trade Commission (ITC) alleging that certain unfair trade practices relating to the import of steel carbon and alloy steel...more

Litigate Trade Secret Misappropriation Disputes in Chinese Courts

How can trade secret misappropriation disputes be litigated in Chinese courts, despite the system’s lack of US-style discovery tools? Many companies, especially foreign companies, might be hesitant to even think about...more

US Regulators Investigate Chinese Steelmakers for Hacking Trade Secrets

The U.S. International Trade Commission (“ITC”) last week launched an investigation into United States Steel Corporation’s (“U.S. Steel”) complaint that Chinese hackers stole trade secret information—including proprietary...more

Anti-Competitive Conduct Claims In ITC Section 337 Cases

by Robins Kaplan LLP on

Last week in Investigation No. 337-TA-1002 (certain carbon and alloy steel products); the U.S. International Trade Commission instituted an investigation of imported steel products from China. The investigation will include...more

China’s Anti-Unfair Competition Law Is Poised For An Update

Since 2010, China’s State Administration for Industry and Commerce (SAIC) and the State Council Legislative Affairs Office (SCLAO) have been revising China’s Anti-Unfair Competition Law of 1993 (AUCL). This February the SCLAO...more

A Closer Look at Cybersecurity Legislation and Regulations in the US and Abroad - Global Overview

by WilmerHale on

With interconnectivity and use of digital storage expanding, cyberthreats posed by nation states, commercial competitors, company insiders, transnational organised crime and ‘hacktivists’ are growing on a global basis. Recent...more

2016: Developments in Intellectual Property Law You Should Know About

by Ladas & Parry LLP on

This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary...more

In China: Is Your Business Information Qualified for Protection in Trade Secrets Litigation?

Recently, China and the U.S. have reached some meaningful commitments on minimizing trade secrets misappropriation and protecting intellectual property during their Joint Commission on Commerce and Trade.The commitments...more

A “Big Deal”: Latest U.S.-China Talks Signal Progress for Protection of Trade Secrets

Expectations didn’t appear high for the latest round of China-U.S. talks about a variety of economic issues including trade secret protection. As previously discussed at TSW, China had not signed onto the Trans-Pacific...more

Final TPP Language on Trade Secret Protection Disclosed

On October 5, 2015, years of protracted negotiations of the Trans-Pacific Partnership Agreement (“TPP”) concluded. The TPP is a proposed trade agreement between 12 Pacific Rim nations that lowers trade barriers such as...more

Trade & Manufacturing - News of Note - October 2015

by King & Spalding on

President Xi's State Visit Brings Announcements on Cybersecurity and Climate Change - In late September, Chinese President Xi Jinping made his first state visit to the United States. Cybersecurity and climate change...more

Project CAMERASHY Details Cyberespionage By China’s Military

by King & Spalding on

In a story reminiscent of a Tom Clancy plot, the Wall Street Journal reported last Thursday on “meticulously documented” cyberespionage conducted by China’s People’s Liberation Army (“PLA”) Unit 78020 to further strategic...more

US-China Cyber Deal Big on Promises, Short on Action

by LeClairRyan on

In the aftermath of recent cyberattacks attributed to China’s government and citizens, many observers prepared for a rather uncomfortable state visit by Chinese President Xi Jinping last week. Then, as President Xi began his...more

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