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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 -
Alston & Bird

6th Circuit Upholds 20-year Sentence of Chinese Spy, Convicted of Espionage Crimes, Attempting to Steal Trade Secrets

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On August 7, 2024, the 6th Circuit upheld a Chinese spy’s twenty-year prison sentence for attempting to steal aviation trade secrets from General Electric (GE). Yanjun Xu, a deputy director in China’s Ministry of State...more

McDermott Will & Emery

Back in the USA: Seventh Circuit Lifts Sanctions, Anti-Suit Injunction Contempt

The US Court of Appeals for the Seventh Circuit stayed a district court’s contempt sanctions relating to an anti-suit injunction violation, finding that the adjudicated infringer had done all it could to withdraw from the...more

White & Case LLP

Taiwan: Adapting to ongoing macroeconomic and regulatory uncertainty

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The past two years have witnessed significant geopolitical fracturing and macroeconomic difficulties that continue to hamper certain dealmaking. Several sectors have posted transactional lows throughout 2023, and persistent...more

Axinn, Veltrop & Harkrider LLP

Trade Secrets, ET, and the ITC

The U.S. International Trade Commission (ITC) has broad power to issue exclusion orders blocking the importation of goods determined to have infringed or misappropriated complainants' IP rights. Moreover, the ITC’s in rem...more

Axinn, Veltrop & Harkrider LLP

The Five Eyes Stare Down Trade Secret Theft

On Sunday evening, CBS's 60 Minutes aired a segment featuring “The Five Eyes” and the critical issue of state-sponsored intellectual property ("IP") and trade secret theft. While geopolitics and national security issues might...more

Benesch

Trade Secrets/Non-Compete Quarterly Update - Q2 2023

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Welcome to our Q2 Trade Secret and Restrictive Covenant Update. As you can tell from the update, Q2 was a busy quarter in this space from both a regulatory, legislative, civil litigation and criminal litigation perspective....more

Foley & Lardner LLP

USA v. Wang: Criminal & Civil Liability for Autonomous Vehicle IP & Trade Secrets Theft

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A pending case involving a former engineer, his alleged theft of trade secret autonomous vehicle technology, and a midnight one-way escape flight to China is shedding light on efforts by the tech giant Apple to both develop...more

Bass, Berry & Sims PLC

International Trade Enforcement Roundup – May 2023 Update

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May saw several Russia-related enforcement and other actions. The Department of Justice (DOJ) identified and charged three foreign nationals with violating export control laws as they attempted to circumvent Russian...more

Epstein Becker & Green

Justice Department Announces Trade Secret Theft and Other Charges Following Recently Launched Technology Strike Force

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Earlier this year, the United States Department of Justice (“DOJ”) announced that it was launching the Disruptive Technology Strike Force (“Strike Force”) in an effort “to target illicit actors, strengthen supply chains and...more

Morgan Lewis

China’s New ’anti-espionage Law’ Raises Complex Compliance Issues for Multinational Corporations

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The Second Session of the Standing Committee of the 14th National People’s Congress voted and passed on April 26, 2023 the newly revised “Anti-Espionage Law of the People’s Republic of China” (the New Anti-Espionage Law). The...more

Morgan Lewis

Beijing Courts Find WeChat Records Inadmissible if Recovered Without Employee Consent

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As the data protection regime in China continues to evolve, so do the individual privacy rights of employees. A Beijing appellate court recently rejected an employer’s ability to use—without the employee’s informed...more

Jones Day

JONES DAY PRESENTS®: Taiwan's Enhanced Trade Secret Restrictions and Stricter Penalties

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Economic forces attracting Taiwanese workers to China have resulted in the development of a stricter National Security Act regulating trade secrets in Taiwan. Jones Day Partner Po-Chien Chen explains Taiwan's trade secret...more

Jones Day

JONES DAY PRESENTS: The Challenges of Defending Trade Secrets in China

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There have been challenges for plaintiffs to meet the burden of proof in view of the lack of discovery mechanisms in China. Jones Day Partner Haifeng Huang explains how this and other key issues have resulted in past win...more

King & Spalding

U.S. House of Representatives Establishes Select Committee on Strategic Competition with China

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On January 10, 2023, the House of Representatives passed H.Res. 11 establishing the Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party (the “Select Committee”). The...more

Sheppard Mullin Richter & Hampton LLP

Potential Sanctions for Alleged Intellectual Property Theft on the Horizon?

On January 5, 2023, President Biden signed into law S. 1294, the “Protecting American Intellectual Property Act of 2022”. The Act requires the president to report to Congress and impose sanctions on any foreign person or...more

BCLP

USTR to Close Comment Period on Continuation of Section 301 Tariffs on Chinese Imports on January 17

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The U.S. Trade Representative (USTR) is now accepting comments from the public on whether to continue the current Section 301 tariffs on imported goods of Chinese origin. Commenters are guided by a questionnaire that the USTR...more

Morgan Lewis

New Act Authorizes Sanctions for Trade Secret Theft

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Congress recently passed and sent to the president the Protecting American Intellectual Property Act of 2022. The act mandates sanctions on entities and individuals identified by the executive branch as having committed...more

Bass, Berry & Sims PLC

International Trade Enforcement Roundup – November 2022

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You are reading Bass, Berry, & Sims’ new enforcement roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox every month. ...more

Ankura

Outsourcing Services: An Increasingly Common Origin for Insider Threats in the Supply Chain

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On May 10, 2022, a former Coca-Cola chemist was sentenced to 14 years in prison for selling trade secrets to a Chinese government-backed corporation. This example demonstrates the way the supply chain increasingly presents...more

Morgan Lewis

China’s Intellectual Property Enforcement Trends

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Comprising tiers of specialized intellectual property (IP) courts within its court system, China bifurcated judicial and administrative proceedings for those seeking to protect and enforce against a patent infringement. The...more

AEON Law

Patent Poetry: Beyond the NDA: Using NNN Agreements in China

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What is an “NNN” agreement and why might you want to use one? “NNN” stands for “Non-Disclosure/Non-Use/Non-Circumvention.” An NDA is just a non-disclosure agreement (which often also includes a non-use clause) that’s designed...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Trends in China-Related Cross-Border Enforcement

Key Points and Practical Advice In February 2022, the U.S. Department of Justice (DOJ) announced that the China Initiative, launched in November 2018 to counter perceived threats to U.S. national security from China, was...more

Foley & Lardner LLP

Top Legal Issues Facing the Manufacturing Sector in 2022

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As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more

ArentFox Schiff

As US-China Rivalry Intensifies, Congress Pushes to Further Decouple – Outbound Screening and the NCCDA

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Longstanding concerns on Capitol Hill about certain “outbound” activities conducted by U.S. companies and investors, particularly in the technology sector, both in China as well as outside of China with a China nexus, have...more

Houston Harbaugh, P.C.

What Corporations Need to Know: CFIUS Review is Needed Before Initiating Intellectual Property Transactions With Foreign Companies

On August 13, 2018, President Trump signed into law the Foreign Investment Risk Review Modernization Act (FIRRMA), which expanded the Committee on Foreign Investment in the Unites States’ (CFIUS) oversight scope. 31 C.F.R. §...more

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