In a significant move aimed at curbing anti-competitive practices, China issued new anti-monopoly guidelines on Friday, emphasizing that industry associations must refrain from organizing firms into engaging in monopoly agreements.
The guidelines further instruct these associations to guide their members in strengthening antitrust compliance, as reported by state media CCTV.
Simultaneously, China’s Jiangsu Province has taken a crucial step in protecting trade secrets by releasing the first-ever “Guidelines for Handling Criminal Cases of Infringing upon Trade Secrets.” The announcement, made on January 8, marks a substantial development in addressing the escalating incidents of trade secret infringement, particularly triggered by employee turnover.
Currently, China’s legislation pertaining to the protection of trade secrets is confined to Article 9 of the “Anti-Unfair Competition Law” and Article 219 of the “Criminal Law.” However, the newly introduced “Guidelines” aim to provide comprehensive and explicit directives for handling criminal cases related to trade secret infringement.
Read more: An Introduction to China’s Anti-Monopoly Law
The release of these guidelines is timely, given the rising challenges and controversies associated with trade secret infringement cases. Notably, incidents linked to employee turnover have been on the upswing, making it imperative for the legal framework to adapt to these evolving circumstances.
The “Guidelines” address these concerns by outlining the overall requirements for handling criminal cases of trade secret infringement. Key aspects covered include the nature of trade secrets, acts constituting trade secret infringement, criteria for determining the severity of circumstances, and considerations for joint criminal activities. The document also specifies methods for ascertaining technical facts, appraisal procedures, and associated requirements.
The proactive stance of the “Guidelines” reflects a commitment to keeping pace with the latest developments in handling criminal cases related to trade secret infringement. By providing clear definitions and guidelines, the document is poised to significantly enhance the legal framework for safeguarding intellectual property rights in China.
Source: Reuters
Featured News
Judge Allows FTC Antitrust Case Against Amazon to Move Forward
Oct 1, 2024 by
CPI
SAP Leader Urges Caution on EU AI Rules, Warns of Competitive Disadvantage
Oct 1, 2024 by
CPI
Colorado’s Grocery Workers Unite to Oppose $24.6 Billion Supermarket Merge
Oct 1, 2024 by
CPI
Canada’s Competition Bureau Warns Businesses of Tougher Enforcement
Oct 1, 2024 by
CPI
Top Antitrust Lawyers Launch New Boutique Firm
Oct 1, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Refusal to Deal
Sep 27, 2024 by
CPI
Antitrust’s Refusal-to-Deal Doctrine: The Emperor Has No Clothes
Sep 27, 2024 by
Erik Hovenkamp
Why All Antitrust Claims are Refusal to Deal Claims and What that Means for Policy
Sep 27, 2024 by
Ramsi Woodcock
The Aspen Misadventure
Sep 27, 2024 by
Roger Blair & Holly P. Stidham
Refusal to Deal in Antitrust Law: Evolving Jurisprudence and Business Justifications in the Align Technology Case
Sep 27, 2024 by
Timothy Hsieh