IP
Professional legal research in IP.
Exploring the Impact of the New Trade Secret Protection Regulations on the Low-Altitude Economy Industry
The Trade Secret Protection Regulations, effective June 1, 2026, represent a paradigm shift in China's trade secret protection landscape. Attorney Zhao Mengzhu examines the new regulations' evolutionary path, core revisions, and their profound impact on the low-altitude economy industry in terms of rights confirmation, organizational governance, and industrial chain compliance, pointing out that the new regulations are driving the transition of trade secret protection from a 'compliance cost center' to a 'core competitive barrier.'
Trade Secret Analysis Series: Determination of Corresponding Confidentiality Measures (Part I)
In trade secret cases, 'corresponding confidentiality measures' are a core statutory element for establishing trade secret protection, and 'manifestation of the right holder's clear confidentiality intent' is a key point in determining the effectiveness of confidentiality measures. Attorneys Wu Rangjun and Tian Yu analyze the determination standards and practical pitfalls using the Supreme People's Court's typical case (2020) Supreme People's Court IP Civil Final No. 538, providing targeted references for right holders to standardize their confidentiality practices.
In-depth Analysis of Judicial Adjudication Trends in Trade Secret Civil Disputes: An Empirical Study Based on Typical Cases of the Supreme People’s Court in 2025
Based on the Supreme People's Court's 2025 intellectual property trial practice, Attorney Wu Rangjun systematically analyzes seven core trends in the judicial protection of trade secrets: the scope of protection shifting from discrete secret points to systematic overall protection, adhering to carrier-defined boundaries; infringement determination piercing the corporate veil to precisely regulate joint infringement and team poaching; optimized allocation of burden of proof, strengthening burden shifting and sanctions against obstruction of evidence; strict substantive examination of defenses such as independent development, publicly known information, and reverse engineering; compensation judgments adopting refined calculation models and maximum punitive damages, with support for reasonable enforcement costs; innovative enforcement mechanisms detailing injunctive relief orders and creating differentiated delay damages to resolve enforcement difficulties; protection orientation focusing on high-precision and cutting-edge core technologies, upholding equal protection for Chinese and foreign parties and independent review of criminal and civil procedures. Current adjudication rules are increasingly precise, with judicial protection transitioning from dispute resolution to substantive, precise, and efficient protection, providing clear guidance for enterprise compliance management and rights enforcement, and continuously offering strong judicial safeguards for the development of new quality productive forces.
Brand Protection Guide for Mainland Enterprises in Hong Kong
Addressing the common issues of brand squatting or "shadow companies" encountered by Mainland enterprises when expanding into Hong Kong, the article points out that Hong Kong company name rights, trademark rights, and domain name rights are independent of each other, and registering a company does not equate to obtaining exclusive brand rights. It recommends building a proactive defense system of "trademark first, domain name positioning, and continuous monitoring": apply for Hong Kong trademarks in advance covering related categories, register core domain names early, and establish regular monitoring of registered names. When encountering infringement, enterprises may file complaints with the Companies Registry, resolve domain name disputes through the UDRP mechanism, or initiate civil litigation. Enterprises should prioritize brand protection as part of their strategic planning and establish a comprehensive compliance system to avoid cross-border intellectual property risks.
Construction and Analysis of the Right of Commercialization of Personality Identifiers — Taking the "Jordan Case" as an Example
Currently, China's protection of the commercial value of personality identifiers suffers from fragmented legal provisions, a primarily post-event relief approach,模糊 compensation standards, and inconsistent judicial adjudication standards. The root cause is the lack of an independent right of commercialization of personality identifiers. Creating such a right would help separate the property attributes from the personal attributes of人格 rights, establish unified pre-event licensing and transfer rules and post-event property damage compensation rules, and clarify judicial determination standards, thereby providing rights holders with stable legal expectations and fully realizing the commercial value of personality identifiers.
Key Points for Customs Intellectual Property Recordation That Enterprises Must Know from the "Going Global" Perspective
Against the backdrop of accelerated overseas expansion by Chinese enterprises, customs intellectual property recordation has become a core tool for protecting independent brands and preventing cross-border infringement risks. This article systematically elaborates on the strategic value of customs recordation, including enabling dynamic supply chain management, leveraging customs ex officio enforcement to actively intercept infringing goods, and providing key evidence for subsequent administrative, criminal, or civil proceedings. The article details the application process, required materials, ten-year validity period with renewal mechanism, and measures for confiscation and destruction of goods after customs seizure. It also provides preventive recommendations for common practical issues such as incomplete materials, inaccurate authorization information, and dealing with seizure time limits. Overall, customs IP recordation offers high efficiency and low cost. Enterprises should combine regular infringement monitoring with professional management to build a solid cross-border brand moat and comprehensively protect their overseas commercial interests.
Analysis of Key Points in Criminal Complaints for the Crime of Infringing on Trade Secrets
Attorney Gao Peijie, drawing on the Criminal Law Amendment (XI) and the latest judicial interpretations, systematically analyzes the key practical points for criminal complaints regarding the crime of infringing on trade secrets. The article points out that China's trade secret protection regime has become stricter, the threshold for criminalization has been lowered, and criminal case filings no longer require actual substantial losses as a prerequisite. Complaints must focus on four core elements: First, the identification of trade secrets, which requires simultaneous satisfaction of secrecy, commercial value, and reasonable confidentiality measures. Second, the determination of identity, which can be proven through judicial appraisal or the "contact + similarity" principle to demonstrate that the infringing information is substantially identical to the trade secret. Third, the identification of conduct, encompassing acquisition through improper means such as theft, bribery, electronic intrusion, etc., as well as disclosure, use, or authorization of use in violation of confidentiality obligations. Fourth, the calculation of losses and prosecution standards. The current filing threshold is losses or illegal gains of at least 300,000 RMB, which can be established through reasonable licensing fees, profit losses, or system remediation costs, supported by professional appraisal reports. Clarifying these key points helps improve the success rate of criminal filings, effectively combat infringement, and strengthen intellectual property protection and innovation ecosystem development.
Technical Secrets vs. Patents: Which Path Should Corporate IP Protection Strategy Take?
Attorney Guo Shuai systematically compares the similarities and differences between technical secrets and patents in intellectual property strategy. The article first defines the legal concepts and constitutive elements of trade secrets and technical secrets, and outlines the full lifecycle of patent application, grant, validation, and enforcement. On this basis, it conducts an in-depth analysis of the differences between the two from four stages: right formation, confirmation, exercise, and infringement defense. Patents exchange technical disclosure for a limited monopoly, emphasizing novelty, inventiveness, and practical applicability, with validation dominated by administrative authorities, and infringement determined by the all-elements rule. Technical secrets focus on confidentiality measures and continuous protection, with validation relying on judicial proceedings and a partial shift in the burden of proof, and infringement determined by the standard of substantive identity of technical solutions. The conclusion points out that although the protection period of technical secrets is indefinite, enterprises have stronger control and higher manageability; enterprises should flexibly formulate a combination or selection strategy of patents and technical secrets based on the characteristics of core technologies and market competition needs, so as to maximize the protection of innovation achievements.
Insights into New Trends of Strengthened Judicial Protection of Trade Secrets — Comment on the Supreme People's Court's First Case on New Energy Vehicle Technical Secrets
Lawyer Qiu Shaoming believes that on June 15, 2024, the Supreme People's Court issued a second-instance judgment in a new energy vehicle technical secret infringement case, with a total compensation amount of approximately 640 million yuan, setting a historical high. This judgment clarifies two core rules for strengthening judicial protection of trade secrets: first, optimizing the allocation of the burden of proof. Pursuant to Article 32 of the Anti-Unfair Competition Law, the court adopts holistic analysis and comprehensive judgment, significantly reducing the burden of proof on the right holder and directly presuming infringement; second, improving the determination of damages. Where the actual losses of the right holder are difficult to calculate, the court uses the gross profit margin of representative enterprises in the same industry as a reference, calculates the infringer's gains based on the R&D costs saved by the misappropriation of technology, and applies punitive damages in accordance with the law. Additionally, the judgment innovates the form of liability for cessation of infringement by clearly specifying a daily penalty for delayed performance. This case fully reflects the continuous intensification of trade secret protection in China's judicial practice and has important guiding significance for maintaining industrial chain security and incentivizing technological innovation.
Practical Analysis of Patent Freedom to Operate (FTO) and Key Considerations
FTO (Freedom to Operate) analysis is an important non-litigation tool for enterprises to identify patent infringement risks and prevent intellectual property disputes. This article defines the core concept of FTO and its legal significance in avoiding punitive damages, and points out its wide application across various business scenarios including product R&D, launch, IPO, production line introduction, and market expansion. It further details the standard FTO operation procedure, covering five major steps: technical research, patent search, screening, infringement comparison, and strategy formulation. The article also emphasizes the comprehensive professional capability requirements from technical, patent, legal, and economic dimensions. It concludes that FTO is an effective risk management tool for businesses, but its specific defensive effect in domestic patent litigation still awaits further judicial practice.
Insights from the Protection of Genetic Resources and Traditional Knowledge for the Intellectual Property Protection of Traditional Chinese Medicine
The core dilemma of intellectual property protection for Traditional Chinese Medicine (TCM) lies in its collective and historically inherited nature, which structurally conflicts with the current IP system's emphasis on明确 subject identity, creativity, and novelty. This is essentially a global challenge of aligning genetic resources and traditional knowledge protection with the international IP framework. At the international level, mechanisms such as the Convention on Biological Diversity, the Nagoya Protocol, and the WIPO Intergovernmental Committee have continuously explored benefit-sharing and institutional coordination. China has also been actively following up. Given the difficulty of establishing a new special IP system in the short term, current practice should focus on strategic emphasis within the existing framework: actively applying for patents for newly developed products and methods, promoting geographical indication protection for traditional products with distinct regional characteristics, and adopting trade secret protection for complex formulas, processes, and business data. In the long run, TCM IP protection should align with international trends and gradually explore the creation of new forms of IP centered on genetic resources and traditional knowledge.
Exploring the Path for Technical Secrets to Receive Protection as State Secrets
General Secretary Xi profoundly pointed out that Innovation is the primary driving force for development, and protecting intellectual property rights means protecting innovation. Trade secrets are precious intellectual property and innovation achievements of enterprises, directly relating to enterprises' survival and development.
Administrative Remedies for Preemptive Registration of Public Cultural Resources as Trademarks
Attorney Li Xinning believes that, in response to the chaotic practice of maliciously preemptively registering trademarks of public resources (such as scenic spots and historical sites, historical figures, trending terms, etc.), this article systematically outlines three relief pathways under the Trademark Law: opposition, cancellation, and invalidation. During the preliminary approval announcement period, opposition can be raised on grounds such as lack of distinctiveness, adverse effects, or malicious registration. Registered trademarks can be subject to cancellation for non-use for three consecutive years without正当理由. For acts of malicious hoarding and disrupting registration order, the primary applicable provisions are Article 44, Paragraph 1 of the Trademark Law ("obtained registration by deception or other improper means") or Article 4 after the 2019 revision ("malicious trademark registration applications not for the purpose of use") to request invalidation. Judicial practice clarifies that Article 7, the principle of good faith, while a fundamental guideline, cannot be directly invoked as a specific legal basis for opposition, cancellation, or invalidation. In practice, precise application of Article 4 and Article 44, Paragraph 1, among other provisions, should be made in light of specific case facts and the principle of non-retroactivity to regulate such acts, thereby safeguarding the trademark registration order and public interest.
Ten Questions and Answers on Filing the Standard Contract for Cross-border Personal Information in the Guangdong-Hong Kong-Macao Greater Bay Area
The "Implementation Guidelines on the Standard Contract for Cross-border Personal Information Flow within the Guangdong-Hong Kong-Macao Greater Bay Area (Mainland, Hong Kong)" aims to facilitate data cross-border flow in the Greater Bay Area. This article interprets key compliance points through ten core questions: the applicable entities include organizations registered in the nine Mainland GBA cities and Hong Kong (including branches); Mainland processors still need to obtain individual consent for cross-border data provision, and data is strictly prohibited from flowing outside the GBA; provision to a third party in the same Hong Kong jurisdiction requires strict conditions. Although the Guidelines simplify the personal information protection impact assessment requirements and do not require submission of assessment reports, the assessment obligation is not exempted. It also clarifies the notification targets for security incidents, special compliance obligations for sensitive personal information, re-filing requirements for超出 scope processing, partial alleviation of the recipient's obligations but addition of government data access notification obligations, compulsory notification to territorial regulators upon contract termination, and mandatory application of Mainland law. Overall, the Guidelines facilitate cross-border data flow in the GBA but do not substantively change the existing Mainland compliance framework. Enterprises must still strictly implement the Personal Information Protection Law requirements and closely monitor subsequent supporting regulations.
A Brief Analysis of Personal Information Protection Compliance Audits for New Energy Vehicle Enterprises
Using new energy vehicle enterprises as an example, this article systematically outlines the practical framework for personal information protection compliance audits in conjunction with the Personal Information Protection Law and the National Cyberspace Administration's Measures for the Administration of Personal Information Protection Compliance Audits (Draft for Comments). The article points out that the law clearly establishes regular audit obligations and circumstances triggering mandatory audits due to risks. The Draft further details audit frequency (annually for processors handling over 1 million individuals' data, or biennially for those handling less), methods (internal or external), time limits (90 working days), and institutional independence requirements. In practice, enterprises need to first determine their data volume to establish the audit cycle, integrate audit procedures into their existing data compliance system, and choose between internal or external audit based on their risk profile and professional capacity. Internal audits should strictly follow the standard process of pre-audit preparation, on-site implementation, report issuance, and follow-up on rectification. Although the Draft provides actionable guidance, certain issues such as audit threshold settings, risk-level considerations, and audit institution qualification requirements still await clarification in formal regulations.
Legal Consequences of Transferred Trademarks Declared Invalid Due to Malicious Hoarding
In recent years, the increasingly rampant malicious trademark hoarding has triggered a series of systemic problems in the field of trademark authorization and confirmation. Although legislators modified the Trademark Law in 2019 to try to suppress non-use trademark registration, the new law has been implemented for three years, yet trademark registration applications in China have not decreased.
Research on Infringement Determination in Computer Software Cases Where the Defendant Refuses to Submit Source Code
Attorney Tian Shuangli, addressing the difficulty of proof in computer software copyright infringement lawsuits where the defendant refuses to provide source code or object code, explores the rules for infringement determination and the allocation of the burden of proof. The article points out that while judicial practice generally follows the "substantial similarity + access + reasonable defense" rule, code comparison is not the sole or mandatory procedure for infringement determination. When code cannot be directly obtained, the rights holder may satisfy the initial burden of proof through indirect evidence such as the operational interface, installation environment, design defects, and error messages. The court may then issue an order to produce evidence; if the defendant refuses without正当理由, it constitutes spoliation of evidence, and the court will presume substantial similarity of the software and hold the defendant liable for infringement according to law. Combining ten typical cases, the article systematically demonstrates the practical path of indirect comparison and shifting burden of proof in overcoming the "difficulty of proof" in software infringement cases.
System Integration Path for Enterprise Trade Secret Legal Protection
This article analyzes the system integration path for enterprise trade secret legal protection, examining current legal framework developments, practical guidance for protecting one's own secrets, avoiding infringement of others' secrets, implementing infringement remedies, and responding to accusations. It also interprets the Shanghai Technology Exchange's Enterprise Trade Secret Asset Confirmation Management Guidelines.
Proportional and Balanced, Forward-Looking and Reasonable—Re-Evaluating the Minecraft v. Mini World Case
Attorney WU Rangjun focuses on the second-instance judgment (Judgment No. 1035) of the Guangdong High Court in the case of Minecraft v. Mini World, delving into two innovative concepts in the judgment concerning intellectual property adjudication for online games: First, strictly practicing the principle of proportionality, the judgment abandoned the traditional "one-size-fits-all" shutdown model and, after comprehensively considering the high degree of freedom characteristic of sandbox games, the proportion of infringing content, and the feasibility of rectification, precisely ordered the deletion of 230 infringing elements, achieving a balanced protection of the right holder's interests, the infringer's legitimate interests, and the interests of the player community. Second, forward-looking recognition and protection of user-generated content (UGC) rights, clarifying that player-created content in high-freedom games can enjoy independent or co-owned copyright, fully affirming the legitimate interests of the player community. This judgment breaks through traditional inertia in game infringement adjudication, demonstrating judicial practice's respect for the development laws of the game industry and providing important guidance for regulating UGC creation and future industry evolution.
New Trends in Game Skin-Replacement Lawsuits from the Mini World Case
The second-instance judgment (Judgment No. 1035) in the Mini World case clearly defines the boundary of protection for audiovisual works (game graphics), correcting the previous adjudicative approach of automatically including game rules and mechanics within the scope of audiovisual work protection, emphasizing that graphic protection does not extend to non-graphic content. Regarding the protection path for game rules and mechanics, the article argues that reliance should not be placed solely on Article 2 of the Anti-Unfair Competition Law as a catch-all provision, but rather the "other intellectual creations meeting the characteristics of works" clause in the new Copyright Law should be applied for protection. This approach aligns with legislative intent, accommodates diverse forms of game expression, and does not undermine the copyright system. Although limited by the plaintiff's claims and the scope of appeal, the second-instance court was unable to substantively evaluate the copyright protection of game rules and mechanics, falling into a procedural dilemma. Nevertheless, the judgment remains landmark. The article points out that game infringement litigation has entered a new phase, and rights holders need to precisely归纳 the specific expression of game rules and mechanics and accurately select the copyright protection path to achieve effective rights enforcement.
Security Assessment and Compliance Points for Cross-Border Transfer of Healthcare Data
Attorney CHEN Shifu focuses on the compliance and security assessment of cross-border transfer of healthcare data, pointing out that this field, involving national security, public interest, and personal privacy, is a high-risk area in China's cross-border data compliance. The article systematically reviews the evolution and core principles of China's cross-border data transfer regulatory policies, and, drawing on international regulations such as those of the EU and the US, clarifies that the core of cross-border data flow lies in balancing data openness and utilization with security risk management. Regarding the security assessment mechanism, it clarifies the quantitative scenarios triggering statutory declarations and details the key points for enterprise self-assessments and the key review items by the national cyberspace administration. Finally, it provides enterprises with actionable compliance management recommendations from five dimensions: establishing a data classification and grading management system, introducing security technologies for regular "health checks," dynamically adjusting compliance plans based on specific流通 scenarios, strictly reviewing the qualifications and capabilities of overseas recipients, and adhering to the bottom line of national security and privacy protection. The aim is to assist healthcare enterprises in achieving orderly cross-border data flow and value conversion while strictly observing security red lines.
Copycat Imitation of E-commerce Bestsellers Persists: Are You Falling into These Three Major Patent Protection Traps?
"Hot-selling" products in e-commerce are easily and quickly copied by competitors. Many sellers attempting patent enforcement often fall into three major misconceptions: first, applying for a patent only after a product becomes a bestseller, resulting in loss of novelty; second, filing only a single patent for one product, leading to narrow protection scope that is easily circumvented or invalidated; and third, mistakenly believing that obtaining a patent certificate guarantees smooth enforcement, while neglecting infringement determination principles and claim drafting quality. To effectively extend product红利 periods, sellers should develop a forward-looking patent布局 mindset, adhere to the principle of "apply first, launch later," build multi-dimensional patent portfolios to raise the cost of imitation, and focus on patent drafting quality with reasonable claim scope. E-commerce practitioners need to align with the requirements of high-quality intellectual property development, incorporate patent layout into R&D budgets, and build solid competitive barriers through high-quality patents.