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ARTICLE · 09 OCTOBER 2026

Protecting Know-How In China: New Trade Secret Rules For Technology Partnerships

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China's new Provisions on the Protection of Trade Secrets, effective June 2026, introduce significant updates for foreign investors operating in the country. The regulations address critical areas including the protection of unsuccessful research data, cross-border collaboration safeguards, and the distinction between protected trade secrets and employees' transferable skills. These developments establish a clearer framework for businesses to protect intellectual property and build technology partnerships i

ChinaIntellectual Property
Jan Holthuis
Jan Holthuis
Yongmei Evers-Cai
Yongmei Evers-Cai
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China’s new Provisions on the Protection of Trade Secrets, issued by the State Administration for Market Regulation, took effect on 1 June 2026. They replace rules introduced in 1995 and last revised in 1998, updating the dedicated administrative framework after nearly three decades. 

For foreign investors, notable provisions address unsuccessful research, safeguards for cross-border collaboration, and the boundary between protected information and employees’ transferable skills. The rules also clarify administrative enforcement procedures. These developments provide a clearer foundation for businesses to protect their know-how and build technology partnerships in China. 

1. Protecting the Value of Unsuccessful Research

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