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ARTICLE · 21 JUNE 2023

SPC Further Clarifies The Rules For Determining Technology Secret Infringement

In May 2023, the Intellectual Property Tribunal of the SPC concluded an appeal case involving disputes over technology secret infringement, in which the SPC fully supported the right holder's claim...

ChinaIntellectual Property

In May 2023, the Intellectual Property Tribunal of the SPC concluded an appeal case involving disputes over technology secret infringement, in which the SPC fully supported the right holder's claim for compensation for economic losses and reasonable expenses and further clarified the rules for determining technology secret infringement.

The appellant (plaintiff in the first instance) is the owner of the technology secret involved in the case. Three individuals involved in the case successively worked for the appellant and the appellee (defendant in the first instance). The appellant completed the design drawings of the product in question in July 2012 and sold the product from 2013 to 2014. The appellee completed design drawings of a similar product in April 2016 and sold the related product. In March 2001, the appellant established a confidentiality system for technical documents; all the three individuals signed a "Confidentiality Agreement" with the appellant,

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