Trade Secrets 2025

CHINA – BEIJING Trends and Developments Contributed by: Ye Zhao, Zhanjiang Zhang and Qiang Ma, Jingtian & Gongcheng

Conclusion 2024 marks a transformative era for China’s trade secret jurisprudence, driven by pivotal SPC cases refining key doctrines, significantly reducing plaintiffs’ evidentiary burdens, expand - ing liability concepts, and considerably increas - ing compensation amounts. These judicial developments reflect China’s firm commitment to enhancing trade secret protection and signal a more robust, plaintiff-friendly judicial landscape. Western practitioners and enterprises operating in or with China must closely follow these trends to protect their valuable trade secrets under Chi - nese law effectively.

gation had to be filed in different courts, increas - ing procedural complexity and costs. The SPC addressed this issue in the landmark Dalian Bomai Case, holding that lawsuits con - cerning patent ownership and trade secret infringement arising from identical facts or inter - connected legal outcomes could be consoli - dated into a single proceeding. This adjustment significantly simplifies litigation, enabling rights holders to achieve comprehensive remedies in one unified judicial procedure. These procedural innovations substantially reduce the complexity and duration of trade secret litigation, markedly enhancing the effec - tiveness of trade secret enforcement in China.

72

CHAMBERS.COM

Powered by