The Protection of Trade Secrets in China

Author: Shan Hailing
Publisher: Kluwer Law International
ISBN: 9789041127587
Published In: September 2008
Format: Hardback , 352 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

For many business investors in China, the legal handling of trade secrets is crucial. However, initiatives are often complicated by a patchwork trade secrets protection system, developed rapidly over less than twenty years, that diverges in significant ways from global standards and corresponding regimes in other countries, and that incorporates elements of competition law, contract law, employment law, and criminal law.

Now for the first time, in this detailed analysis of China’s trade secrets law, corporate counsel and international lawyers have a thorough and practical approach to the subject. The Protection of Trade Secrets in China provides in-depth information and guidance on such important factors as the following:

the current framework of China’s trade secrets law, its past development and its ongoing trends;
legal comparison of China’s trade secrets law with various international, regional, and national schemes;
what constitutes trade secrets infringement in China and what remedies are available; and
the legal interaction in China between employment relations and trade secrets protection.

The author pays close attention to judicial practice and precedent in the areas of civil remedies, criminal punishment, and administrative penalties. She also offers insightful proposals formulated to align China’s trade secrets law more efficiently with prevailing global standards and generally improve the mechanisms for its implementation.

Corporate counsel and international lawyers concerned with intellectual property rights or labour law in China will greatly appreciate the knowledgeable guidance this book affords. They will gain a deeply informed perspective that allows them to avoid infringement, to battle it effectively if occasion arises, and to plan dispute resolution strategies for contingencies involving trade secrets protection in China.

Summary of Contents,

Preface,

Foreword by Prof. Dr. Johan Erauw, Foreword by Prof. Willy van Eeckhoutte,

Part I History and Development of Trade Secret Protection Law in China,

Ch. 1 Historical Evolution of the Science of Law on Trade Secrets in China,

Ch. 2 Present Situation and Trends in the Science of Law on Trade Secrets in China,

Part II Legislation on the Protection of Trade Secrets in Chinese Law,

Ch. 1 The Legal Framework for the Protection of Trade Secrets in China,

Ch. 2 Legal Definition and Elements of Trade Secrets,

Ch. 3 Differences between Trade Secrets and Traditional IPR,

Part III Remedies for Infringement,

Ch. 1 The Theoretical Foundations for a System of Legal Protection in China,

Ch. 2 Civil Law Remedies for Infringement of Trade Secrets,

Ch. 3. Criminal Law Remedies for Trade Secret Infringement,

Ch. 4 Administrative Protection of Trade Secrets,

Ch. 5 Arbitration Proceedings in Labour Law,

Part IV Employment Relations and Trade Secret Protection,

Ch. 1 Transformation of the Chinese Planned Economy System and the Market Reform of Its Labour Force,

Ch. 2 Key Issues of Trade Secret Protection in Employment Relationships: Conflict and Balance of Interests,

Ch. 3 Duty of Confidentiality and Non-competition during the Term of Employment,

Ch. 4 The Duties of Confidentiality and Non-competition Following Termination of Employment,

Ch. 5 Settlement of Trade Secret Disputes in Employment Relationships with Foreign Elements, Postscript, Appendix I, Appendix II, Selected Bibliography, List of Statutes of People’s Republic of China, Index