Exploring Optimal Solutions To Protect Trade Secrets —Based On Analysis Of The New Guidelines On Trade Secrets Protection

Trade secrets have become a critical component of intellectual property (“IP”) rights in China, recognized as a key driver of innovation and market competition.  Over the years, China has strengthened its legal framework to protect trade secrets, addressing challenges such as determining the infringement of trade secrets, difficulty in evidence collection, the need for greater deterrents against infringement, etc.  On August 12, 2025, Beijing Municipal People's Procuratorate (“Beijing Procuratorate”) has issued the Guidelines on Trade Secrets Protection and Risk Prevention (the “New Guidelines”), which, based on their daily experience, demonstrates common problems regarding trade secret protection and risk prevention reflected in cases of infringement of trade secrets, aiming to foster a better legal environment for technological innovation and industrial upgrading.  This article presents challenges and solutions in protecting trade secrets in China by analyzing the