Three years of UBS Evidence Lab surveys reveal that Chinese parents across...
2020-01-23 21 ENGLISH REPORTS
Article 1.6: Provisional Measures to Prevent the Use of Trade Secrets 1. The Parties shall provide for prompt and effective provisional measures to prevent the use of misappropriated trade secrets. 2. China shall identify the use or attempted use of claimed trade secret information as an “urgent situation” that provides its judicial authorities the authority to order the grant of a preliminary injunction based on the specific facts and circumstances of a case. 3. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article. Article 1.7: Threshold for Initiating Criminal Enforcement 1. The Parties shall eliminate any requirement that the holder of a trade secret establish actual losses as a prerequisite to initiation of a criminal investigation for misappropriation of a trade secret. 2. China shall: (a) as an interim step, clarify that “great loss” as a threshold for criminal enforcement under the trade secret provision in the relevant law can be fully shown by remedial costs, such as those incurred to mitigate damage to business operations or planning or to re-secure computer or other systems, and substantially lower all the thresholds for initiating criminal enforcement; and (b) as a subsequent step, eliminate in all applicable measures any requirement that the holder of a trade secret establish actual losses as a prerequisite to initiation of a criminal investigation for misappropriation of a trade secret.
Article 1.8: Criminal Procedures and Penalties 1. The Parties shall provide for the application of criminal procedures and penalties to address willful trade secret misappropriation. 2. China’s criminal procedures and penalties shall at least encompass cases of trade secret misappropriation through theft, fraud, physical or electronic intrusion for an unlawful purpose, and the unauthorized or improper use of a computer system in the scope of prohibited acts. 3. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article. Article 1.9: Protecting Trade Secrets and Confidential Business Information from Unauthorized Disclosure by Government Authorities 1. To further strengthen the protection of trade secrets, as well as better encourage various enterprises to innovate, China shall prohibit the unauthorized disclosure of undisclosed information, trade secrets, or confidential business information by government personnel or third party experts or advisors in any criminal, civil, administrative, or regulatory proceedings conducted at either the central or sub-central levels of government in which such information is submitted.
标签： ENGLISH REPORTS