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A Voice from China: Unraveling the Different Standards for Civil and Criminal...
In China, victims of trade secret misappropriation suffering losses over RMB 500,000 are entitled to file a civil action and may also report the case to public security authorities to initiate a...
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Final TPP Language on Trade Secret Protection Disclosed
On October 5, 2015, years of protracted negotiations of the Trans-Pacific Partnership Agreement (“TPP”) concluded. The TPP is a proposed trade agreement between 12 Pacific Rim nations that lowers trade...
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A “Big Deal”: Latest U.S.-China Talks Signal Progress for Protection of Trade...
Expectations didn’t appear high for the latest round of China-U.S. talks about a variety of economic issues including trade secret protection. As previously discussed at TSW, China had not signed onto...
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In China: Is Your Business Information Qualified for Protection in Trade...
Recently, China and the U.S. have reached some meaningful commitments on minimizing trade secrets misappropriation and protecting intellectual property during their Joint Commission on Commerce and...
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Litigate Trade Secret Misappropriation Disputes in Chinese Courts
How can trade secret misappropriation disputes be litigated in Chinese courts, despite the system’s lack of US-style discovery tools? Many companies, especially foreign companies, might be hesitant to...
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Supreme Court Deflates Sino Legend Cert Petition
On Monday, January 9, the Supreme Court denied a petition for certiorari from Sino Legend Chemical Co., Ltd., concluding litigation that began with a Section 337 complaint filed more than...
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Pooley’s Corner: Losing Secrets to Foreign Companies: How to Reduce the Risk
During a recent seminar I was asked, “What can companies do to stop the loss of trade secrets to places like China?” The questioner seemed stressed and a bit angry, perhaps reflecting a certain...
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New Measures to Combat Chinese Trade Secrets Theft: Will They Work?
For trade secret owners, international IP theft is of particular concern because of the difficulty in catching and enforcing remedies against the thieves. For many U.S. companies with a global reach,...
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Accounts Frozen: DOJ Alleges Seven Defendants Conspired To Misappropriate...
Competition from Chinese companies shows no signs of slowing. Likewise, allegations of trade secret theft against Chinese companies are increasingly common. In this case, the U.S. Department of Justice...
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Trade Secret Misappropriation by Ex-Employees in China: How to Confront...
Article 123 of the General Provisions of the Civil Law of the People’s Republic of China (effective Oct. 1, 2017) confirmed that trade secrets are intellectual property, signifying China’s recognition...
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Rising Tensions as Trump Administration Prepares to Announce Results of...
As we previously reported, on August 14, 2017, President Trump signed an executive memo asking U.S. Trade Representative Robert Lighthizer to determine whether to launch an investigation into China’s...
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Home Remedies for Politically Charged IP Theft
In January of this year, Chinese wind turbine manufacturer Sinovel Wind Group Co. Ltd. was convicted of stealing trade secrets from U.S. company AMSC Inc. The theft caused AMSC, more than $800 million...
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The Tariff Chess Match Between China and the U.S. Continues: Orrick’s...
Trade Secrets Watch previously had its eye on the U.S. Trade Representative’s investigation on China’s alleged IP theft under Section 301 of the Trade Act of 1974. As an update, late last month,...
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Seedy Business: Chinese Scientist Sentenced to Ten Years for Stealing...
In 2013, U.S. Customs and Border Protection agents caught researchers attempting to smuggle a $75 million trade secret from the United States to China. Unlike the trade secrets we usually discuss, the...
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UPDATE: Home Remedies Remain Best Medicine for Politically Charged IP Theft
In July 2018, a federal judge in Wisconsin imposed a $1.5 million penalty—the maximum statutory fine—against Chinese wind turbine manufacturer, Sinovel Wind Group Co. Ltd., for stealing trade secrets...
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Tariff Chess Match Escalates Between China and the United States
Trade Secrets Watch has been covering the escalating economic tension between China and the U.S., including the U.S. Trade Representative’s investigation on China’s alleged IP theft under Section 301...
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The DOJ’s China Initiative—Protecting Your Assets
As anticipated in May, rising trade tensions between the U.S. and China have led to a series of escalating measures including tariffs and trade investigations. In July 2019 testimony to the Senate...
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In a Blockbuster Economic Espionage Act Prosecution, an Attempt by the...
An ongoing, headline-grabbing trade secret theft prosecution against a Chinese spy is also quietly presenting a, say, disquieting attempt by prosecutors to stretch the law on what it is required to...
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In Pursuit of Chinese Trade Secret Theft: Fresh Allegations Against Huawei...
Loyal readers are familiar with the DOJ’s “China Initiative,” launched in November 2018 to prosecute the theft of U.S. trade secrets by or for Chinese interests. Attorney General Barr reaffirmed the...
View ArticleChinese and Russian Hackers Targeting COVID-19 Vaccine Research
The latest development in the Department of Justice’s “China Initiative” occurred earlier this month, as the DOJ unsealed an 11-count indictment charging two Chinese nationals with stealing hundreds of...
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