Orrick - Trade Secrets Group (JD Supra China)
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The DOJ’s China Initiative—Protecting Your Assets
As anticipated in May, rising trade tensions between the U.S. and China have led to a series of escalating measures including tariffs and trade investigations. In July 2019 testimony to the Senate Judiciary Committee, FBI Director Christopher Wray noted that more than 1,000 active investigations on intellectual property theft “lead[] back to China.” Against the backdrop of these issues, the...
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Tariff Chess Match Escalates Between China and the United States
Trade Secrets Watch has been covering the escalating economic tension between China and the U.S., including the U.S. Trade Representative’s investigation on China’s alleged IP theft under Section 301 of the Trade Act of 1974, dueling imposition of tariffs in March 2018, and the USTR announcement of products against which it proposed to impose 25 percent import duties.
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Home Remedies For Politically Charged IP Theft
In January of this year, Chinese wind turbine manufacturer Sinovel Wind Group Co. Ltd. was convicted of stealing trade secrets from U.S. company AMSC Inc.
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Rising Tensions As Trump Administration Prepares To Announce Results Of Section 301 Trade Investigation Into China’s Alleged Intellectual Property Rights Violations
As we previously reported, on August 14, 2017, President Trump signed an executive memo asking U.S. Trade Representative Robert Lighthizer to determine whether to launch an investigation into China’s alleged theft of intellectual property under Section 301 of the Trade Act of 1974. Later that week, after a review of Chinese laws, policies, and practices relating to IP, Lighthizer recommended and...
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Trade Secret Misappropriation By Ex-Employees In China: How To Confront “Inside Theft”
Article 123 of the General Provisions of the Civil Law of the People’s Republic of China (effective Oct. 1, 2017) confirmed that trade secrets are intellectual property, signifying China’s recognition of the importance of trade secret protection. Nevertheless, trade secret misappropriation remains rampant in the country.
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New Measures to Combat Chinese Trade Secrets Theft: Will They Work?
For trade secret owners, international IP theft is of particular concern because of the difficulty in catching and enforcing remedies against the thieves. For many U.S. companies with a global reach, an overriding concern has been how to combat economic espionage from Chinese state-owned companies or individuals. During his campaign, President Trump certainly had China on his mind.
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Litigate Trade Secret Misappropriation Disputes in Chinese Courts
How can trade secret misappropriation disputes be litigated in Chinese courts, despite the system’s lack of US-style discovery tools? Many companies, especially foreign companies, might be hesitant to even think about bringing trade secret misappropriation actions in China for many reasons, but perhaps most importantly, based on concerns over how to collect evidence.
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In China: Is Your Business Information Qualified for Protection in Trade Secrets Litigation?
Recently, China and the U.S. have reached some meaningful commitments on minimizing trade secrets misappropriation and protecting intellectual property during their Joint Commission on Commerce and Trade.The commitments represent a step forward for trade secrets protection between the U.S. and China. Many U.S. companies, however, still complain that they are burdened by intricate laws and...
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A “Big Deal”: Latest U.S.-China Talks Signal Progress for Protection of Trade Secrets
Expectations didn’t appear high for the latest round of China-U.S. talks about a variety of economic issues including trade secret protection. As previously discussed at TSW, China had not signed onto the Trans-Pacific Partnership Agreement, and earlier this summer, the U.S. had threatened economic sanctions against China for lax cybersecurity enforcement.
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A Voice from China: Unraveling the Different Standards for Civil and Criminal Misappropriation of Trade Secrets
In China, victims of trade secret misappropriation suffering losses over RMB 500,000 are entitled to file a civil action and may also report the case to public security authorities to initiate a criminal investigation. When both criminal and civil actions are pending, a Chinese criminal court tends to use the civil decision, if available, as the basis of proving the crime of trade secret...
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How Much Damages Can You Realistically Expect for Trade Secrets Misappropriation in China
The best way to protect trade secrets is to prevent them from being misappropriated in the first place, but when trade secret misappropriation occurs, a trade secret holder will likely want to obtain adequate damages through litigation. The methods of calculating damages for trade secret misappropriation are thus crucial, since remedies available to the trade secret holder are determined by these
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China’s New Cybersecurity Policies: Is the Price of Compliance Worth the Risk of Disclosure?
Tensions recently escalated in the United States and China’s ongoing exchange over online security and technology policies, as China adopted the first in a series of policies it previously approved at the end of last year.
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U.S. v. Yeh Illustrates The Challenges In International Trade Secrets Cases
On March 14, 2014, a Texas jury acquitted former Texas Instruments (“TI”) employee Ellen Chen Yeh on all counts brought against her arising from her admitted downloading of Texas Instruments proprietary information before leaving the company for a China-based semiconductor manufacturer.
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ITC Affirms Trade Secret Violation Against Chinese Company For Stealing U.S. Rubber Resin Trade Secrets, Imposes 10-Year Import Ban
The U.S. International Trade Commission has upheld an Administrative Law Judge’s determination that a Chinese company misappropriated its U.S. competitor’s rubber resin trade secrets, and has banned it from importing its products for 10 years. This is just the latest chapter in the long-running international trade secret dispute between SI Group Inc. and Sino Legend (Zhangjiagang) Chemical Co....
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U.S. v. LIEW: Jury Selection Focuses On Anti-China Bias In Industrial Espionage Case
A federal judge questioned prospective jurors closely Tuesday for signs of anti-China bias in the industrial espionage trial of a U.S. citizen who prosecutors say fed secrets to a Chinese company. Prosecutors allege that Walter Liew, who is of Malaysian descent, stole manufacturing secrets from E. I. du Pont de Nemours and Company and sold them to a company the Chinese government...
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The Spies Who Loved Me (And My Trade Secrets): A Brief History Of Industrial Espionage
With Chinese cyber attacks, data security, and industrial espionage occupying more and more space in the headlines, companies are re-evaluating their strategies for guarding sensitive information. There is certain to be more coverage of these issues in the weeks and months ahead — and as usual, we’ll bring you the news and our take on it as it breaks. But as regular Trade Secrets Watch readers...
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Rubber Match? Resin Trade Secret Battle Results In A Multi-Jurisdictional Draw
On the same day last week, two rival rubber resin companies issued press releases — each claiming legal victory in the same trade secret dispute.
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Protecting Trade Secrets In China
Trade secrets were first introduced into China law through the Article 10 of the “Anti-Unfair Competition Law of China” (effective Dec. 1, 1993).