The Supreme People's Court ("SPC") recently issued the Provisions on Several Issues concerning the Application of Law in the Trial of Civil Cases of Trade Secrets Infringement (the "Provisions") and the Provisions (I) on Several Issues concerning the Application of Law in the Trial of Administrative Cases Involving the Granting and Confirmation of Patent Rights, both of which took effect from September 12, 2020 and on.

Compared with the previous edition, the Provisions mainly present the following characteristics: first, more rich contents and a more complete system are introduced. Second, they adhere to the problem-oriented principle to make the protection more effective. Third, they attach equal importance to the procedural and substantive rules to provide more comprehensive protection. The Provisions set out provisions on act preservation, confidentiality obligations, and liability for infringement with regard to key issues such as burden of proof, costs in safeguarding the rights, and infringement costs. Meanwhile, clear and specific provisions on the identification of issues which are more controversial in the judicial practice, such as the information unknown to the public, corresponding confidentiality measures, and confidentiality obligations, as well as provisions on the protection of trade secrets related to employees and former employees, are set out in the Provisions. Such specific provisions only provide a clear basis for judicial adjudication, but also offer a guidance for the obligee to build a system for enhancing the protection of trade secrets.

(Source: Supreme People’s Court)