Protecting Trade Secrets, Confidential Information and NDAs in China

As U.S. companies continue to expand business in China, protecting trade secrets remains a significant concern. While many transactions start with the signing of a non-disclosure agreement (NDA), unless these are drafted properly, there can be unnecessary complications during business operations or if the relationship ends in dispute. Resolution proceedings before Chinese or US courts can vary significantly and care must be taken at the outset to think through possible exit strategies and remedies.

Listen as our panel of IP attorneys with experience in China examines the challenges of trade secret enforcement in China and how to overcome those challenges. The panel will discuss measures that can be taken to protect trade secrets and prevent infringement.

1. Trade secret protection
   1. Statutory
   2. Contractual
2. Enforcement of trade secrets in court
   1. Courts and civil procedure
   2. Elements to be proved
   3. Evidentiary issues and burden of proof
   4. Interim measures
   5. Remedies
3. Enforcement in other venues
   1. Criminal prosecution
   2. Administrative protection
   3. Arbitration under labor contract law
4. Recommendations
   1. Drafting an NDA—contractual formalities, identification of TS
   2. Confidentiality measures
   3. Relations with employees
   4. Relations with authorities

The panel will review these and other key questions:

• How does trade secret litigation work in China in comparison to the US? What have been the key recent developments in practice?
• How does an NDA tailored for a China transaction differ from those typically used domestically in the U.S.?
• What steps can counsel take to minimize the likelihood of infringement in China?
• Given the challenges with prosecuting trade secret claims in China, are there any other options available?
• How to make sense of the new Cyber Security Law and its implications for cross-border evidence collection in trade secret cases?