Uncovering Trade Secrets in China: An Empirical Study of Civil Litigation from 2010 to 2020

Journal of Intellectual Property Law & Practice, Volume 17, Issue 9, 2022, Oxford University Press

The Chinese University of Hong Kong Faculty of Law Research Paper No. 2022-39

25 Pages Posted: 13 Oct 2022 Last revised: 10 Nov 2022

See all articles by Jyh-An Lee

Jyh-An Lee

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Jingwen Liu

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Haifeng Huang

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Date Written: September 21, 2022

Abstract

The importance of trade secrets has been increasingly recognized by both policymakers and industry players in China. This said, the country’s trading partners and foreign investors have perceptions that trade secret protection there is far from adequate. These perceptions are rooted largely in the unsatisfactory plaintiff win rates, the low awarded damages and the excessive burden-of-proof requirements that trade secret owners are subjected to by China. Although these issues have been controversial for more than two decades, relevant debates have been framed, without empirical support, as simply the perceptions of diverse stakeholders. To help bridge the gaps in this debate, we investigate herein all published civil cases pertaining to trade secret misappropriation in China from 2010 to 2020. In analysing the empirical data, we present various findings that shed considerable light on patterns of trade secret protection in China during the 2010–2020 period.

Keywords: trade secret, China, civil litigation, empirical study

Suggested Citation

Lee, Jyh-An and Liu, Jingwen and Huang, Haifeng, Uncovering Trade Secrets in China: An Empirical Study of Civil Litigation from 2010 to 2020 (September 21, 2022). Journal of Intellectual Property Law & Practice, Volume 17, Issue 9, 2022, Oxford University Press, The Chinese University of Hong Kong Faculty of Law Research Paper No. 2022-39, Available at SSRN: https://ssrn.com/abstract=4225187 or http://dx.doi.org/10.2139/ssrn.4225187

Jyh-An Lee (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Hong Kong

Jingwen Liu

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Kowloon, Sha Tin
Hong Kong

Haifeng Huang

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

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