English > Activities & Results > Legal framework > EU-China workshop on trade secrets protection
EU-China workshop on trade secrets protection

20-21 May 2010, Qingdao

 

IPR2, together with the State Administration for Industry and Commerce (SAIC) and the Shandong Provincial Administration for Industry and Commerce, organised an expert workshop on the legal framework governing the protection of trade secrets. More than 50 Chinese and European academics, officials and practitioners working the field of trade secrets protection came together to review and provide suggestions for the amendment of the Chinese legal system.

The workshop helped to increase the exchange of information and views on the development of China and Europe's legal framework for the protection of trade secrets and contribute suggestions and comments on proposed legislative amendments.

The protection of know-how afforded by the legal framework on trade secrets protection is essential to companies, being the only way to legally protection IP in areas where registration is not legally possible or not the best choice from a business development point of view. The comprehensiveness and timely adjustment of the legal framework in response to changes in business practices is therefore very important. 

The legal framework for the protection of trade secrets is a key element of the Chinese IP system and also plays an important role in the guidelines of the National IP Strategy of China. The technical topics included:

 

Legal and Regulatory Framework

  • International environment of trade secrets protection and protection measures in different countries
  • Particularities of trade secrets protection in relation to the IP protection system as a whole
  • Similarities and differences between the Anti-Unfair Competition Law and other laws in trade secrets protection

Some thoughts on trade secret protection strategies, Mr. Wang Hanpo, Partner, East Rain Law firm, Patent Agent

 

International and German legal and regulatory framework for trade secrets protection, Mr Marc Holtorf, Partner, Clifford Chance, Düsseldorf, Germany

 

Legal and regulatory framework in Italy for trade secrets, Ms Alessandra Stabilini, NCTM Law Firm, Milan, Italy  

Definition/Scope of Protection

  • Behaviours, similarities and differences between operational information and technical information related to trade secrets

Enhancing training and taking more measures to investigate trade secret cases, Mr Zhu Yongcai, Deputy Director-General of Jiangsu Provincial Administration for Industry and Commerce

 

Report on the Investigation and Enforcement of Trade Secret Infringement Cases, Mr. Chen Zhiming, Section Chief of Economic Examination Bureau of Guangdong Provincial Administration for Industry and Commerce

 

Scope of trade secrets protection in Italy, Ms Alessandra Stabilini, NCTM Law Firm, Milan, Italy  

 

Protection Channels

  • Relation and cohesion (convergence) between administrative protection and judicial protection of trade secrets
  • Analysis of criminal protection and civil protection of trade secrets                                  

Trade secrets protection channels in Germany, Mr Marc Holtorf, Partner, Clifford Chance, Düsseldorf, Germany

 

Reflections on the practices in investigating and handling infringement of trade secret cases, Ms. Guo Xiaofen, Deputy Director-General of Qingdao Municipal Administration for Industry and Commerce 

 

Particularities of Enforcement  

  • Preservation, collection and identification of evidence for trade secrets protection
  •  Identification and evaluation of a trade secret’s value

Actively establish a system of commercial secrets protection: protect the Intellectual Property Rights of enterprises, Mr. Qian Xin, Zhejiang Provincial Administration for Industry and Commerce

 

UK procedure and particularities of enforcement, Mr Alastair Wilson QC, Hogarth Chambers, London, UK

 

SAIC is the authority in charge of market supervision/regulation and related law enforcement, and includes maintenance of fair competition and trade secret protection. As the competent administrative authority, SAIC is also responsible for the drafting of the laws dealing with the protection of trade secrets and is very interested in exchanging information and best practices with experts and respective agencies in Europe on the legal framework for the protection of trade secrets.

 

This builds on an earlier IPR2 workshop with SAIC in June 2009 in Shanghai. The EU-China workshop on the protection of Business Secrets targeted local AIC enforcement officers, in order to highlight the key issues and the practical implications of the existing legal systems in China and Europe as well as to share best practice on how to tackle infringing behaviours .Read more. 

 

Useful links

 

State Administration for Industry & Commerce (SAIC)

 

For more information on the protection of trade secrets, contact Mr Andreas Obst This e-mail address is being protected from spambots, you need JavaScript enabled to view it

 

For general information on IPR2, contact Ms Tamryn Barker This e-mail address is being protected from spambots, you need JavaScript enabled to view it

 

[IPR2 ref: CC1.AW3.005]
 
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