CHINA – SHENZHEN Trends and Developments Contributed by: Yongpan Sheng and Aiyan Ke, Zhong Lun Law Firm
Shenzhen Trade Secret Protection in 2025: Regulatory Guidance, Co-Ordinated Enforcement, and Judicial Breakthroughs Trade secrets constitute a vital form of intellectual property and play a key role in enterprises maintain - ing a competitive edge. With intensifying domestic and international market competition and the fre - quent movement of talent, disputes over trade secret infringement are on the rise. At the same time, amid new technological evolution, developments in new frontiers and business forms – including big data and AI – present fresh challenges when it comes to the protection of trade secrets. As a national pilot city for innovative trade secret protection, Shenzhen has con - tinued to scale up its efforts in trade secret protection, exploring the construction of a comprehensive and systematic protection mechanism. At regulatory level, Shenzhen has introduced multiple industry-specific guidelines; at enforcement level, the city has explored mechanisms for multi-sectoral co-ordination; and at judicial level, it has clarified adjudication rules through typical cases. This article will examine the key trends and institutional innovations in Shenzhen’s trade secret protection in 2025 from these three perspec - tives. Continued refinement and enhancement of regulatory guidance In April 2025, the State Administration for Market Regulation issued the “Provisions on the Protection of Trade Secrets (Exposure Draft)” for public comments. This revision further refined the definition of concepts related to trade secrets, encouraged the establish - ment of robust trade secret protection management systems, and detailed specific forms of infringe - ment to address new types of infringing acts. On 24 February 2026, the State Administration for Market Regulation officially promulgated the “Provisions on the Protection of Trade Secrets” via Order No 126, to take effect on 1 June 2026. The new regulations have incorporated recent judicial experience and respond - ed to practical market demands regarding the scope of protected subject matter, infringement determina - tion, confidentiality measures, and legitimate defenc - es. The standards for civil, administrative, and criminal protection of trade secrets have been largely unified, thereby reshaping the trade secret protection frame - work. The provisions not only give clearer guidance for rights holders regarding trade secret compliance and
rights enforcement but also further clarify the direction for the publication of subsequent implementing rules or guidelines. In December 2025, the Shenzhen Municipal Adminis - tration for Market Regulation issued the “Guidelines for the Protection of Trade Secrets in the Low-Altitude Economy Industry” and the “Guidelines for the Pro - tection of Trade Secrets in the Biomedical Industry” (Notice No 196 [2025] of the Shenzhen Municipal Administration for Market Regulation). These two doc - uments closely address the technical characteristics of the two industries (eg, core algorithms in the low- altitude economy, clinical trial data in biomedicine), providing companies with practical operational guide - lines for trade secret protection covering pre-incident, ongoing, and post-incident stages. This includes how to effectively identify and define trade secrets, how to establish solid internal protection systems, how to prevent infringement upon others’ trade secrets, and how to safeguard rights when trade secret infringe - ment occurs. The issuance of these guidelines rep - resents a precise response to the protection needs of the low-altitude economy and biomedical indus - tries. Such industry-specific and tailored guidance addresses the demand for differentiated protection of new quality productive forces. As technological iteration accelerates, additional segmented industries (such as AI and robotics) are expected to see similar “customised” protection rules, promoting the in-depth development of trade secret protection within specific sectors. Diversified and co-ordinated enforcement mechanisms emphasising both deterrence and prevention The protection of trade secrets requires a multi- dimensional accountability mechanism, where differ - ent forms of liability perform distinct yet complemen - tary roles. Shenzhen has preliminarily established a tripartite trade secret protection system comprising “administrative supervision + criminal enforcement + civil recovery”. Shenzhen has achieved significant breakthroughs in the criminal sphere. In January 2025, the Shenzhen Municipal People’s Procuratorate, in conjunction with the Municipal Public Security Bureau, the Municipal Administration for Market Regulation, and the Munici -
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