State Secrets and Trade Secrets in China

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State Secrets and Trade Secrets in China

Edited by May Tai · Damien McDonald
Sweet & Maxwell Hong Kong March 2011

Specifications

ISBN-13
9789626614044
Publisher
Sweet & Maxwell Hong Kong
Publication
March 2011
Format
Hardback , 300 pages
Jurisdiction
China ? Countri(es) for reference only

Details

 

 

 

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.

Table of Contents

 

 

 

  1. History and Context of State Secrets in China
  2. State Secrets in China
  3. Illustrative Cases on State Secrets in China
  4. Trade Secrets in China
  5. Illustrative Cases on Trade Secrets in China
  6. The Rio Tinto Decision
  7. 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

About the Author

Damien McDonald , Herbert Smith LLP, Beijing 
May Tai , Herbert Smith LLP, Beijing 

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