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.
More Encouraging News of Trade Secret Reform… But Is It Always Good for the Foreign Community?
James Pooley posted a great blog on IPwatchdog on the recently released draft judicial interpretation on trade secrets (the “Trade Secrets JI”). In his blog, “Has China Finally Embraced Trade Secret Protection […]
SPC’s 2020 IP-Related Judicial Interpretation Agenda
On March 19, 2020, the Supreme People’s Court’s Judicial Interpretation Agenda for 2020 (“2020 Judicial Interpretation Agenda”) 最高人民法院2020年度司法解释立项计划 was discussed and adopted by the SPC Trial Committee at its 1795th meeting on […]
Of Trade Secrets, Section 337, AUCL Reform and Evidence Production
When faced with trade secret misappropriation, the United States International Trade Commission can provide a forum for U.S. companies faced with unfair competition resulting from the misappropriation, even if the “theft” occurs […]
Peter Humphrey and the Uncertain Status of the Private Investigator
Private investigation firms are important for many aspects of commercial life in China, particularly given the weaknesses in China’s evidence gathering system and the high thresholds that exist for criminal investigations. PI […]
China IPR - Intellectual Property Developments in China 