[Article/China and Trade Secrets] Trade Secret Protection in China: Focusing on Academic Views and Court Decisions concerning the Secret-Management Requirement
更新日：3 日前
Article information
Article type: Publication review
Category: China
Topics: Trade secrets
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-04-11 (Japan time). Full English translation.
[Article/China and Trade Secrets] Trade Secret Protection in China: Focusing on Academic Views and Court Decisions concerning the Secret-Management Requirement (Yang Jianjun, Intellectual Property Law and Policy Journal, Vol. 44 (2014))
China's “secret-management” requirement was lenient before 2007.
In 2007, the Supreme People's Court issued a judicial interpretation under which “the rights holder has taken confidentiality measures” may be found in any of the following situations (1)–(7).
(1) Disclosure of confidential information is restricted, and its contents are communicated only to relevant personnel who need to know.
(2) Protective measures such as locking are applied to media containing confidential information.
(3) Confidentiality markings are placed on media containing confidential information.
(4) Passwords, codes or similar measures are used for confidential information.
(5) Confidentiality agreements are concluded.
(6) Restrictions or confidentiality requirements are imposed on persons entering locations such as machinery, factories and workplaces relating to secrets.
(7) Other reasonable measures are taken to ensure confidentiality.
*On September 12, 2020, the Supreme People's Court put into effect the “Provisions on Several Issues concerning the Application of Law in the Trial of Civil Cases Involving Infringement of Trade Secrets,” further developing rules on the elements of trade secrets and the determination of infringement.
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November 1, 2026: First published on this website.
November 2, 2026: Added article information, classification, topics, language navigation, related articles where the same case was confirmed, consultation guidance, and SEO. The original text and first-published date were preserved.
