State Secrets and Trade Secrets in China

Author: May Tai; Damien McDonald
Publisher: Sweet & Maxwell Hong Kong
ISBN: 9789626614044
Published In: March 2011
Format: Hardback , 300 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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Many foreign investors might find the state secrets and trade secrets law in China bewildering and complicated, in particular after the reform in 2010. Yet protection of the same appears to be a crucial part to the survival of their businesses.

The publication guides you through the new state secrets and trade secrets law, both of which came into force in 2010, with detailed and practical analysis. It is suitable for any professional/investor who needs to deal with the relevant area of law, including those who are currently running a business in China or with a Chinese party or are planning to do so in the near future.

It is the most comprehensive publication on the new State Secrets law, which will provide you with:

Examination of the new law in detail with discussion on significant court cases for illustrative purposes, E.G. the recent Rio Tinto case
Practical guidance to help corporations develop its own internal compliance system E.G. warranties, confidential agreements, employees etc.
Identification of potential risks and provision of advice on possible mitigating steps
English translations alongside the official Chinese version of the relevant extracted judgment, laws and regulations for easy reference.

History and Context of State Secrets in China
State Secrets in China
Illustrative Cases on State Secrets in China
Trade Secrets in China
Illustrative Cases on Trade Secrets in China
The Rio Tinto Decision
Developing an Internal Compliance System

Bilingual Annexure:

Annexure A Provisional Regulation on the Protection of State Secrets
Annexure B PRC Law on Guarding State Secrets (as revised)
Annexure C Anti-Unfair Competition Law
Annexure D Interim Regulation for the Protection of Trade in Secrets in Centrally Administered Enterprises
Annexure E Extracts of Sentencing Decision of the Shanghai First Intermediate People’s Court of PRC (Stern Hu and Others) dated 29 March 2010
Annexure F Extracts of State Security Law of the People’s Republic of China
Annexure G Extracts of Criminal Law of the People’s Republic of China
Annexure H Extracts of Criminal Procedure Law of the People’s Republic of China
Annexure I Regulation on State Secrets and the Specific Scope of Each Level in Public Security Work
Annexure J Regulation on State Secrets and the Specific Scope of Each Level in Procuratorial Work
Annexure K Criminal Judgment of Beijing No.1 Intermediate People’s Court dated 5 July 2010 – Xue Feng Decision
Annexure L Guide to Managing Potential State Trade Secret Issues in China
Annexure M List of Centrally Administered SOEs