After 2001 From Joint-venture to wholly foreign-owned enterprises 中国加入世界贸易组织签字仪式 SIGNING CEREMONY ON CHINA'S ACCESSION TO THE WTO 11 November 2001,Doha
After 2001 • From Joint-venture to wholly foreign-owned enterprises
IP cases and TS cases heard by Courts in China IP Cases-a rapid increase 1991199515,543 2003~200764,625 Trade Secret Cases-a moderate increase 199119952,141 1995~20056,547
IP cases and TS cases heard by Courts in China • IP Cases - a rapid increase 1991~1995 15,543 2003~2007 64,625 • Trade Secret Cases - a moderate increase 1991~1995 2,141 1995~2005 6,547
2.Major Laws governing trade secret in china ·the primary law on the topic is China’s Anti-- Unfair Competition Law (1993) ·Interpretation of the Supreme People’s Court on several Issues relating to the application of Laws in the Civil Trial of Unfair Competition Cases (Judicial Interpretation),(Feb.2007) Labor Contract Law (2007)
2.Major Laws governing trade secret in china • the primary law on the topic is China’s AntiUnfair Competition Law (1993) • Interpretation of the Supreme People’s Court on several Issues relating to the Application of Laws in the Civil Trial of Unfair Competition Cases (Judicial Interpretation) , (Feb. 2007) • Labor Contract Law (2007)
Hierarchical structure of Chinese legal system (on Trade secret) Labor law; Legislation of basic law(NPC) Contract law; Criminal law National legislation Anti-Unfair Legislation of other laws(SCNPC) 心ompetition Law Patent law; Legislation of administrative i.e.Implementing regulation by State Council Regulations Ministry rules of the Patent Law the State Council Legislation of local regulation i.e.The Regulation of by City/Province Congress Shenzhen SEZ on Protection of Technological Secrets of Enterprise Judicial Interpretation
Hierarchical structure of Chinese legal system (on Trade secret) National legislation Legislation of basic law (NPC) Legislation of other laws (SCNPC) Legislation of administrative regulation by State Council Labor law; Contract law; Criminal law Legislation of local regulation by City/Province Congress i.e. The Regulation of Shenzhen SEZ on Protection of Technological Secrets of Enterprise Ministry rules of the State Council Anti-Unfair Competition Law Patent law; i.e. Implementing Regulations of the Patent Law Judicial Interpretation