Category: Trade Secrets

Reading the SPC IP Court’s 2025 Annual Report: Data, Composition, and Reporting Structure

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This post examines the SPC IP Court’s 2025 Annual Report by focusing on underlying data, case composition, and reporting structure rather than headline claims. It shows that foreign participation is concentrated in administrative appeals, that punitive damages and trade secret cases remain a small share of the docket, and that plant variety protection is receiving increased attention. The post argues that careful attention to denominators, omissions, and how data are presented is necessary to understand what the report actually shows.

New Trade Secret Protection Rules in China

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China’s recently released 2026 trade secret rules are best understood not as a major legal reform but as an administrative modernization of an enforcement system badly in need of an update. Although international pressure played a role, the rules largely respond to China’s own technological development and growing need to protect confidential information. They show that IP change in China is driven at least as much by domestic economic evolution as by foreign demands.

Reforms to China’s Patent Injunction Practice in a Domestic Comparative Perspective

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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.

The WTO IP Cases That Weren’t

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Does the WTO / TRIPS Agreement still have teeth on IP? This blog explores the possible claims that could be made involving TRIPS Agreement violations and China. The more important claims are complex, data-dependent, and would require a whole of government approach by the Biden adminisitration.