This CLE webinar will provide guidance for IP counsel to companies doing business in China for protecting and enforcing trade secret rights in the legal system for the People’s Republic of China (PRC) and using non-disclosure agreements (NDAs).
As U.S. companies are increasingly doing business in China, protecting trade secrets is a significant concern. Many transactions start with the signing of a non-disclosure agreement (NDA). Confidential information and trade secrets are considered equivalent in China, which complicates the challenges and risks.
Unfortunately standard form NDAs do not usually conform with the PRC contractual formalities. They are not usually prepared with a view to enforcement under the PRC laws with respect to trade secrets and confidential information. It is imperative to have measures in place to protect the confidential information.
Exploitation of a company’s trade secrets can put a business at a competitive disadvantage. Counsel must understand the procedures in China, in the event of a violation, to enforce trade secret rights and meet the challenges of gathering evidence and establishing trade secret misappropriation.
Listen as our panel of intellectual property attorneys with experience in China examines the challenges of trade secret enforcement in China and how to overcome those challenges. The panel will discuss what measures can be taken to protect trade secrets and prevent infringement.
- Trade secret protection
- Enforcement of trade secrets in court
- Courts and civil procedure
- Elements to be proved
- Evidentiary issues and burden of proof
- Interim measures
- Enforcement in other venues
- Criminal prosecution
- Administrative protection
- Arbitration under labor contract law
- Drafting an NDA—contractual formalities, identification of TS
- Confidentiality measures
- Relations with employees
- Relations with authorities
The panel will review these and other key questions:
- How does an NDA designed for China differ from those used in the U.S.?
- What is needed to establish a trade secret misappropriation claim?
- What steps can be taken to minimize the likelihood of infringement?
Following the speaker presentations, you’ll have an opportunity to get answers to your specific questions during the interactive Q&A.
Song Zhu, Partner
Hogan Lovells, San Francisco
He is an intellectual property lawyer who represents clients in IP litigation, procurement, opinion and due diligence. His clients include multi-national companies and technology startups based in the United States, Asia and Europe. He has represented clients in numerous IP litigation matters in the United States, China and Europe.
Robert Hunt, Partner
Herbert Smith Freehills, Hong Kong, China
He has substantial experience advising on contentious matters in Europe and Asia. He has a particular focus on investigations work and has advised clients on internal and regulatory investigations involving issues arising under the Foreign Corrupt Practices Act, the UK Bribery Act and other international anti-corruption statutes.
May Tai, Partner
Herbert Smith Freehills, Beijing, China
Her practice covers a range of commercial and regulatory issues. She has advised governments, government-owned entities and commercial clients (including financial institutions and energy companies) in Asia, Europe and the United States. She has also acted as counsel and advocate in arbitrations under various rules and court proceedings.
Price covers an unlimited number of staff at your office location. Can’t participate in the live seminar? A CD of the full event proceedings, including Q&A and PDF files of all handouts, will be available 10 days after the seminar.
Continuing Legal Education
Continuing Legal Education credits are granted for an additional $65 per person. Please refer to the options on the order page to take advantage of these credits.