This blog reviews Zhao Ye’s report on trade secret adjudication by the SPC IP Tribunal. Based on 11 published cases from 2025, the report highlights a sharp increase in damages, systematic reversal of lower court decisions, expanded use of burden-shifting, and stronger sanctions for evidence spoliation. In my view, these decisions also function as a form of strategic signaling, indicating a more rights-protective orientation in judicial practice. However, they do not yet constitute binding, system-wide legal change, which would require further judicial interpretations or formal designation as guiding cases. The emerging judicial trends may make Chinese civil courts a more viable forum for trade secret enforcement.
Reforms to China’s Patent Injunction Practice in a Domestic Comparative Perspective
Injunctions in Chinese patent are deeply rooted in Chinese IP civil and administrative practice. Due to the complex nature of China’s legal system, any analysis of the need for reforms to China’s patent litigation system should also take into account the nature of China’s civil patent system, the availability of injunctive-type relief from its administrative system, the potential impact of such reform on other civil remedies., as well as the potential impact on foreign litigants.
u-blox v Techtotop: China’s Developing Jurisprudence on Evidentiary Burden Shifting
Hangzhou court makes cutting edge decision in July 2021 in copyright case of u-blox v. Techotop by drawing adverse inferences as to copying based on Defendant’s refusal to produce code to challenge prima facie evidence of infringement, relying on a 2001 Judicial Interpretation.
Further Trade-Responsive IP Legislative Developments May Be In the Works…
“When a stranger lives with you in your land, do not mistreat him. The stranger living with you must be treated as one of your native-born. Love him as yourself, for you […]
On Avoiding “Rounding Up the Usual Suspects” In the Patent Law Amendments …
Although many of the proposed changes in China’s patent law amendments are welcome, the draft amendments also present a difficult choice in two key areas: (a) patent administrative enforcement and (b) punitive […]
Trade and Peace on Earth: Part 1
O ye who read this truthful rime From Flanders, kneel and say: God speed the time when every day Shall be as Christmas Day. (Frederick Niven, “A Carol from Flanders”, regarding the […]
April 10 – 16, 2018 Updates
1.New Policies for Innovative Drugs in China. Premier Li Keqiang held an executive meeting of the State Council on April 12, 2018 to adopt a series of measures to encourage the importation […]
GPNE vs Apple: The Multi-Year Saga
Hawaii-based NPE, GPNE Corp., has requested damages in a patent law suit related to GPRS standards of 900 million RMB in Shenzhen (about 129 million USD) against Apple as well as other […]
Beijing IP Court Awards 50,000,000 RMB in Patent Damages
Continuing the trends in higher damage awards that rely less on statutory damages and more on actual damages, the Beijing IP Court on December 8 awarded damages of 50,000,000 RMB in favor of […]
SEP Litigation and Licensing in China: Are There New Voices in the Room?
A string of recent events suggest that there is increasing confidence by the foreign community in China’s antitrust and licensing regime and that some of the aggressive posturing in the past by […]
China IPR - Intellectual Property Developments in China 