There is no specific law governing trade secrets in China. Legal protection is provided by the following laws: the Anti-Unfair Competition Law, the Civil Code, the Criminal Law, the Labor Contract Law, and the Company Law.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since March 19, 1985.
– WTO's TRIPS Agreement, since December 11, 2001.

Protection

Definition: according to the Anti-Unfair Competition Law, a trade secret is any technical, operational or commercial information which must meet the following requirements: (1) it is not known to the public; (2) it has commercial value; and (3) its confidentiality must be protected with proper measures.

Criteria for enforcement: the right holder must take appropriate measures to keep the information secret.

Assignment - licensing: possible.

Remedies for misappropriation: injunctive relief; compensation for damages; a fine.