China Trade Secret Protection

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The Protection of Trade Secrets in China

Author : Shan Hailing
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041145230
Total Pages : 546 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Protection of Trade Secrets in China by : Shan Hailing

Download or read book The Protection of Trade Secrets in China written by Shan Hailing and published by Kluwer Law International B.V.. This book was released on 2012-11-01 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: For business investors in China, the legal handling of trade secrets is often crucial. However, initiatives are often complicated by a patchwork trade secrets protection system – pieced together haphazardly over the last two decades and drawing on disparate elements of competition law, contract law, employment law, and criminal law – that diverges in significant ways from global standards and corresponding regimes in other countries. Now at last interested parties can benefit richly from a thorough and practical approach to the subject. This detailed analysis of China’s trade secrets law 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.

China Trade Secret Protection

Author : Catherine Sun
Publisher :
ISBN 13 : 9789888054589
Total Pages : 465 pages
Book Rating : 4.0/5 (545 download)

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Book Synopsis China Trade Secret Protection by : Catherine Sun

Download or read book China Trade Secret Protection written by Catherine Sun and published by . This book was released on 2010 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trade Secret Protection

Author : Kung-Chung Liu
Publisher :
ISBN 13 : 9789403530536
Total Pages : 496 pages
Book Rating : 4.5/5 (35 download)

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Book Synopsis Trade Secret Protection by : Kung-Chung Liu

Download or read book Trade Secret Protection written by Kung-Chung Liu and published by . This book was released on 2021-08-11 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, as companies implement strategies to protect their intellectual property in a competitive environment with rapidly developing technology, trade secret protection law has gained increasing importance. This is especially true in Asia, where the staggering commercial value of trade secrets, fierce cross-border competition, and large-scale labour mobility characterize the region's economy. This book - the first systematic study of trade secret protection law covering a number of key Asian jurisdictions - provides a detailed analysis of the relevant statutory and case law of Japan, Korea, China, Taiwan, Thailand, Singapore, Hong Kong, Malaysia, and India. In addition, a chapter on European Union trade secret protection law is included for further purposes of comparison. Thirty-one local experts provide a clear overview of national laws and practices by examining the following aspects of their respective national regimes: requirements of trade secrets; validity and scope of confidentiality and/or non-competition clauses; burden of proof and its shifting or reversal; order for protecting the secrecy of a trade secret during prosecution and trial; civil remedies (injunctive relief and damages); and criminal punishment for trade secret infringement. With its authoritative insights and comprehensive coverage of the dynamic and multifaceted development of trade secret protection law in Asia, the book will be a primer for practitioners, corporate counsels, judges, and scholars concerned with cross-border protection of intellectual assets.

Trade Secret Theft, Industrial Espionage, and the China Threat

Author : Carl Roper
Publisher : CRC Press
ISBN 13 : 143989938X
Total Pages : 320 pages
Book Rating : 4.4/5 (398 download)

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Book Synopsis Trade Secret Theft, Industrial Espionage, and the China Threat by : Carl Roper

Download or read book Trade Secret Theft, Industrial Espionage, and the China Threat written by Carl Roper and published by CRC Press. This book was released on 2013-12-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although every country seeks out information on other nations, China is the leading threat when it comes to the theft of intellectual assets, including inventions, patents, and R&D secrets. Trade Secret Theft, Industrial Espionage, and the China Threat provides an overview of economic espionage as practiced by a range of nations from around the world—focusing on the mass scale in which information is being taken for China's growth and development. Supplying a current look at espionage, the book details the specific types of information China has targeted for its collection efforts in the past. It explains what China does to prepare for its massive collection efforts and describes what has been learned about China's efforts during various Congressional hearings, with expert advice and details from both the FBI and other government agencies. This book is the product of hundreds of hours of research, with material, both primary and secondary, reviewed, studied, and gleaned from numerous sources, including White House documentation and various government agencies. Within the text, you will learn the rationale and techniques used to obtain information in the past. You will see a bit of history over centuries where espionage has played a role in the economy of various countries and view some cases that have come to light when individuals were caught. The book supplies an understanding of how the economy of a nation can prosper or suffer, depending on whether that nation is protecting its intellectual property, or whether it is stealing such property for its own use. The text concludes by outlining specific measures that corporations and their employees can practice to protect their information and assets, both at home and abroad.

Trade Secret Protection

Author : Kung-Chung Liu
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403531045
Total Pages : 600 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Trade Secret Protection by : Kung-Chung Liu

Download or read book Trade Secret Protection written by Kung-Chung Liu and published by Kluwer Law International B.V.. This book was released on 2021-08-11 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, as companies implement strategies to protect their intellectual property in a competitive environment with rapidly developing technology, trade secret protection law has gained increasing importance. This is especially true in Asia, where the staggering commercial value of trade secrets, fierce cross-border competition, and large-scale labour mobility characterize the region’s economy. This book – the first systematic study of trade secret protection law covering a number of key Asian jurisdictions – provides a detailed analysis of the relevant statutory and case law of Japan, Korea, China, Taiwan, Thailand, Singapore, Hong Kong, Malaysia, and India. In addition, a chapter on European Union trade secret protection law is included for further purposes of comparison. Thirty-one local experts provide a clear overview of national laws and practices by examining the following aspects of their respective national regimes: requirements of trade secrets; validity and scope of confidentiality and/or non-competition clauses; burden of proof and its shifting or reversal; order for protecting the secrecy of a trade secret during prosecution and trial; civil remedies (injunctive relief and damages); and criminal punishment for trade secret infringement. With its authoritative insights and comprehensive coverage of the dynamic and multifaceted development of trade secret protection law in Asia, the book will be a primer for practitioners, corporate counsels, judges, and scholars concerned with cross-border protection of intellectual assets.

State Secrets and Trade Secrets in China

Author : May Tai
Publisher :
ISBN 13 : 9789626614044
Total Pages : 268 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis State Secrets and Trade Secrets in China by : May Tai

Download or read book State Secrets and Trade Secrets in China written by May Tai and published by . This book was released on 2011 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trade Secrecy and International Transactions

Author : Elizabeth A Rowe
Publisher : Edward Elgar Publishing
ISBN 13 : 1782540784
Total Pages : 352 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Trade Secrecy and International Transactions by : Elizabeth A Rowe

Download or read book Trade Secrecy and International Transactions written by Elizabeth A Rowe and published by Edward Elgar Publishing. This book was released on 2015-08-28 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book off

Intellectual Property Law in China

Author : Christopher Heath
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519819
Total Pages : 310 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Intellectual Property Law in China by : Christopher Heath

Download or read book Intellectual Property Law in China written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2021-02-19 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property law and practice in China has changed dramatically since the first edition of this influential book published in 2005. Today, judicial and administrative application of law plays a major role, and accordingly this entirely rewritten new edition draws on an abundance of court and administrative decisions clarifying how the law is applied. In a thorough and systematic manner, the authors clearly demonstrate the sophisticated level of legal certainty available for domestic and foreign entities doing business in China, including the adaptation of the legal framework to new technologies, broadened scope of protected subject matter, improved quality of filings, and significant enhancement of enforcement not only with regard to remedies but also to procedural aspects. Providing comprehensive coverage of all aspects of intellectual property protection in China – including analysis of IP-related provisions of China’s new Civil Code – the book emphasizes issues of concern to foreign traders and investors such as the following: copyright law and software protection; protection of trademarks, including Chinese character and Roman script trademarks, well-known marks and bad faith applications; technology transfer; enforcement of trade secret and patent protection; criminal liability for infringement; unfair competition and antitrust law; role of the binding interpretations of the Supreme People’s Court; administrative regulations that supplement the laws; co-operation with administrative authorities; protection of geographical indications; protection of trade names; domain name dispute resolution; special patent-related laws protecting such areas as plant varieties, integrated circuit layout designs,; and relevant provisions of the distinct laws of Hong Kong and Macao. Full descriptions of the competencies of China’s IP-related institutions are included with detailed attention to procedural matters. Brief historical notes in each chapter feature the most significant changes in each amendment of law and regulation. Because in China the laws are supplemented and interpreted by numerous guidelines and circulars issued by ministries or courts, the up-to-date knowledge and awareness provided in this new edition is essential for all companies investing in China or considering such investment, as well as for practitioners counselling their clients on strategies. In addition, officials and policymakers involved in trade or other relations with China will benefit from a comprehensive update of what the current law is and a critical view of what the challenges are. “...the 2021 IPLCN is a recommended read for those who seek a well-written English textbook which covers the main principles of Chinese IP Law. Clearly outlined, it is probably one of the best of its kind on the market. Its existence is welcome and necessary in the current era, where languages are still obstacles.” By Tian Lu, Book Review for The IP Kitten, September 2021.

Chinese Intellectual Property and Technology Laws

Author : Rohan Kariyawasam
Publisher : Edward Elgar Publishing
ISBN 13 : 0857935224
Total Pages : 521 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Chinese Intellectual Property and Technology Laws by : Rohan Kariyawasam

Download or read book Chinese Intellectual Property and Technology Laws written by Rohan Kariyawasam and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid evolution of China from an emerging to a mature intellectual property jurisdiction has far-reaching implications for the law, policy and practice of IP, and their links with competition and technology law. Produced in the year China rose to fourth rank globally as user of the international patent system, this volume is an invaluable guide for the policymaker, the analyst and the practitioner alike, setting a thorough exposition of the substantive law and its application within a broader policy context, and offering a comprehensive, timely overview of an IP system just at the time it begins to assume central significance on the world stage. Antony Taubman, Director, IP Division, WTO This edited volume offers an excellent comprehensive overview of China s intellectual property and technology laws. The eminent contributors to this volume have played important roles in shaping China s IP system and in tackling the many challenges confronting it. By making their views of the system readily accessible to an English audience, this volume will undoubtedly add to our understanding of the legal protections and challenges facing innovation industries in China. Mark Wu, Harvard Law School, US The pioneering studies in this book examine the fundamental role of intellectual property and technology laws as China is moving from made in China to created in China . This book also helps us to understand about the interplay between China s intellectual property protection system and the potential for transition of China s economy, and provides numerous means to deal with the legislative difficulties in China s innovation-oriented strategy. Wu Handong, Zhongnan University of Economics and Law, China Written by some of China s leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of China s Supreme People s Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English. The book initially focuses on recent amendments to the laws of copyright, trademarks, patents, before moving on to discuss unfair competition and trade secrets, and the protection of intellectual property over electronic networks. Other chapters cover the regulation of digital networks and telecommunications; IT and E-commerce; the new antimonopoly law and competition; and China s position on the TRIPS agreement. Of special note is a chapter written by in-house Counsel and the Chairman of the Quality Brands Protection Committee (a coalition of well known multinational brands) reviewing both brand protection and practical enforcement of intellectual property in China. This book will appeal to scholars and postgraduate students in commercial law (especially in IP, trade, competition, and technology), Chinese studies and business, as well as regulators, international agencies and law firms. Management consultancy and accounting firms, banks and investment firms will also find this book invaluable.

Trade Secrets

Author : James Pooley
Publisher : Law Journal Seminars Press
ISBN 13 : 9781588520784
Total Pages : 720 pages
Book Rating : 4.5/5 (27 download)

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Book Synopsis Trade Secrets by : James Pooley

Download or read book Trade Secrets written by James Pooley and published by Law Journal Seminars Press. This book was released on 2017-11-28 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade Secrets provides not only a general overview of the governing laws and leading cases, but also practical advice and case citations for a host of situations.

China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the U.S. Economy, Inv. 332-519

Author :
Publisher : DIANE Publishing
ISBN 13 : 1457815451
Total Pages : 308 pages
Book Rating : 4.4/5 (578 download)

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Book Synopsis China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the U.S. Economy, Inv. 332-519 by :

Download or read book China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the U.S. Economy, Inv. 332-519 written by and published by DIANE Publishing. This book was released on with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trade Secrets and Employee Mobility

Author : Magdalena Kolasa
Publisher : Cambridge University Press
ISBN 13 : 1108424228
Total Pages : 411 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Trade Secrets and Employee Mobility by : Magdalena Kolasa

Download or read book Trade Secrets and Employee Mobility written by Magdalena Kolasa and published by Cambridge University Press. This book was released on 2018-02-08 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of trade secrets enforcement against ex-employees in the EU and USA, aimed at legislators and practitioners.

Technology Transfer to China

Author : United States. Congress. Office of Technology Assessment
Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis Technology Transfer to China by : United States. Congress. Office of Technology Assessment

Download or read book Technology Transfer to China written by United States. Congress. Office of Technology Assessment and published by . This book was released on 1987 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law Against Unfair Competition

Author : Reto Hilty
Publisher : Springer Science & Business Media
ISBN 13 : 3540718826
Total Pages : 274 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Law Against Unfair Competition by : Reto Hilty

Download or read book Law Against Unfair Competition written by Reto Hilty and published by Springer Science & Business Media. This book was released on 2007-07-28 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the present state of harmonization of unfair competition law in Europe. It discusses the particular approach to unfair competition law in the 10 new Member States and the possible impact on the future development of European unfair competition law. The book presents new insight in the importance of unfair competition law, especially in countries with a developing market economy.

Defend Trade Secrets ACT Handbook

Author : R. Mark Halligan
Publisher : CCH
ISBN 13 : 9781543837841
Total Pages : 570 pages
Book Rating : 4.8/5 (378 download)

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Book Synopsis Defend Trade Secrets ACT Handbook by : R. Mark Halligan

Download or read book Defend Trade Secrets ACT Handbook written by R. Mark Halligan and published by CCH. This book was released on 2021-02-19 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Defend Trade Secrets Act of 2016 (DTSA) was one of the biggest legal changes in intellectual property law since the passage of the Lanham Act in 1948. It created a new federal cause of action for trade secret misappropriation. Now for the first time, litigants can bring a cause of action in federal court without asserting diversity or concurrent jurisdiction. Defend Trade Secrets Act Handbook, Third Edition, covers every aspect of the law, and most importantly not only intricately analyzes the DTSA, but puts it within the context of the existing law. It provides all the necessary analysis, primary source material, and forms to jumpstart your knowledge of this new statute and its implications. The important revisions to the Third Edition include the following: Expanded discussion of attempts and conspiracies as they relate to EEA investigations. Of note is discussion of cases from the Ninth Circuit and the Northern District of Illinois. A new subsection discussing duplicitous charges by the government. An important trend that is apparent from the EEA cases brought to date is the high percentage that involves a "Chinese connection," in that the person stealing the trade secret was of Chinese descent or did so in connection with a company from the People's Republic of China ("PRC") or planned to take the technology information to the PRC. This trend is examined. The Federal Circuit reiterated longstanding precedent that only a "special and small category" of cases involving state law claims, such as those requiring resolution of a substantial patent question, give rise to federal subject matter jurisdiction. Cases in which a party uses patent infringement as evidence of trade secret misappropriation, such as the present one, do not constitute such a category. The 2020 case, Intellisoft, Ltd. v. Acer America Corp., is examined. A new subsection discussing the unclean hands doctrine. In Scherer Design Group, LLC v. Ahead Engineering LLC, the Third Circuit affirmed that a district court retains jurisdiction to grant equitable relief even if the elements of the unclean hands doctrine are met. A new subsection exploring the Communications Decency Act which provides that "no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider," and that "no liability may be imposed under any State or local law that is inconsistent with this section." Important updates to the strategic defense of a trade secrets case chart including topics such as standing and the seizure process. The more recent cases addressing trade secret status for compilations often relate to electronically stored databases. Such databases drive a significant share of modern business operations, and while their constituent parts are frequently available and gathered from public sources, these vast compendia are usually expensive to build and maintain, and they often provide great value to their creators.

Trade Secrets Protection and Exploitation

Author : Jerry Cohen
Publisher : BNA Books (Bureau of National Affairs)
ISBN 13 :
Total Pages : 648 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Trade Secrets Protection and Exploitation by : Jerry Cohen

Download or read book Trade Secrets Protection and Exploitation written by Jerry Cohen and published by BNA Books (Bureau of National Affairs). This book was released on 1998 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treating certain information as trade secrets has its legal advantages -- but only if you protect that information properly.Know your clients' rights and limits with this thorough treatment of the entire range of trade secret issues. The authors give you winning strategies at every stage of trade secret protection -- and explore related topics including covenants not to compete and raiding.

China Intellectual Property - Challenges and Solutions

Author : Rebecca Ordish
Publisher : John Wiley & Sons
ISBN 13 :
Total Pages : 316 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis China Intellectual Property - Challenges and Solutions by : Rebecca Ordish

Download or read book China Intellectual Property - Challenges and Solutions written by Rebecca Ordish and published by John Wiley & Sons. This book was released on 2008-05-12 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is no secret that intellectual property protection in China is a challenge. This book explores the realities of protecting IP in this developing market through interviews and case studies with companies who've been through the gauntlet.