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Shan, Hailing --- "Protection of Know-how in Chinese Enterprises and Employment Relationships" [2007] ELECD 204; in Torremans, Paul; Shan, Hailing; Erauw, Johan (eds), "Intellectual Property and TRIPS Compliance in China" (Edward Elgar Publishing, 2007)

Book Title: Intellectual Property and TRIPS Compliance in China

Editor(s): Torremans, Paul; Shan, Hailing; Erauw, Johan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845428754

Section: Chapter 8

Section Title: Protection of Know-how in Chinese Enterprises and Employment Relationships

Author(s): Shan, Hailing

Number of pages: 22

Extract:

8. Protection of know-how in
Chinese enterprises and employment
relationships
Hailing Shan*

INTRODUCTION
Under current Chinese law, know-how, with the basic characteristics of a trade
secret, is an important object of the law on the protection of trade secrets.
China's current legal framework of protection of trade secrets is based upon
international treaties.1 It consists of the Anti-Unfair Competition Law as the
central piece, as well as regulations contained in Contract Law, Labour Law
and Criminal Law. According to the hierarchy of authority, this legal frame-
work consists of national laws promulgated by the National People's Congress
and its Standing Committee; administrative regulations promulgated by the
State Council; local regulations adopted by the People's Congress and its
Standing Committee at provincial, large municipal and Special Economic
Zone level; ministerial (departmental) regulations adopted by various
ministries and commissions under the State Council, the Central Bank, the
Auditor's Office and other institutions directly affiliated to the State Council.
During the period 1985­2002, more than 130 important laws and regulations
related to the protection of trade secrets (including know-how) were enacted
and entered into force, including 24 national laws, 15 administrative regula-
tions adopted by the State Council, 76 ministerial (departmental) regulations
and 15 local regulations. These laws and regulations have jointly formed the
legal sources for the protection of trade secrets.




* Professor, School of International Law, East China University of Politics and
Law.
1 China joined the WTO on 11 December 2001 ...