Trade secret protection is an inherent requirement for creating an innovative environment,as well as an external manifestation of coping with the pressure of international intellectual property protection.Currently,Ch...Trade secret protection is an inherent requirement for creating an innovative environment,as well as an external manifestation of coping with the pressure of international intellectual property protection.Currently,China has established a legal framework for trade secret protection,which is based on the Anti-Unfair Competition Law,supplemented by other laws and administrative regulations,departmental regulations and judicial interpretations.This signals the fundamental status of the Anti-Unfair Competition Law in this field.However,for the past few years,Chinese companies have been attacked by competitors on the grounds of infringing trade secrets when dealing with competition and challenges from foreign counterparts in different fields.China's trade secret protection mechanism still faces problems that need to be addressed.It is necessary to balance the relationship between secret protection and free competition based on the fundamental positioning of competition law.Considering the public interest in the trade secret system,the law should emphasize the competitive significance of technical reverse engineering.More importantly,regulations should allow secrets to withdraw from the market and be reused when they lose their economic value,thereby encouraging technological innovation and fair competition.展开更多
This research will, empirically, analyze the actual seriousness of counterfeit situations currently in China, and look into the enforcement strength of the agencies. As the research will show, trademark counterfeit an...This research will, empirically, analyze the actual seriousness of counterfeit situations currently in China, and look into the enforcement strength of the agencies. As the research will show, trademark counterfeit and infringement situations are changing differently. To be specific, counterfeit cases decrease while infringement increase. And overall, the illegal business scale and volume appear to decrease with a better performance of counterfeits, which indicates an improvement on combating counterfeits. Moreover, the enforcement strength shows an improvement as well, since the criminal cases and counterfeiters transferred by agencies tripled in the past ten years, even though the fines imposed by the agencies do not increase significantly. Most importantly, the cost to infringers after being enforced by agencies increases greatly, with a lower cost to counterfeit and a higher cost to infringe. To sum up, this paper not only emphasizes the progress of Chinese administrative enforcement on trademark counterfeit and infringement, but also contributes a framework of empirically analyzing such enforcement and the theoretical grounds. It is believed that this will lay a solid foundation for the future empirical works on IP infringements and the costs.展开更多
基金supported by China Social Science Foundation of Ministry of Education(Grant No.22YJC820001)Guangzhou Science and Technology Bureau Young Doctoral Project(Grant No.2024A04J3907).
文摘Trade secret protection is an inherent requirement for creating an innovative environment,as well as an external manifestation of coping with the pressure of international intellectual property protection.Currently,China has established a legal framework for trade secret protection,which is based on the Anti-Unfair Competition Law,supplemented by other laws and administrative regulations,departmental regulations and judicial interpretations.This signals the fundamental status of the Anti-Unfair Competition Law in this field.However,for the past few years,Chinese companies have been attacked by competitors on the grounds of infringing trade secrets when dealing with competition and challenges from foreign counterparts in different fields.China's trade secret protection mechanism still faces problems that need to be addressed.It is necessary to balance the relationship between secret protection and free competition based on the fundamental positioning of competition law.Considering the public interest in the trade secret system,the law should emphasize the competitive significance of technical reverse engineering.More importantly,regulations should allow secrets to withdraw from the market and be reused when they lose their economic value,thereby encouraging technological innovation and fair competition.
文摘This research will, empirically, analyze the actual seriousness of counterfeit situations currently in China, and look into the enforcement strength of the agencies. As the research will show, trademark counterfeit and infringement situations are changing differently. To be specific, counterfeit cases decrease while infringement increase. And overall, the illegal business scale and volume appear to decrease with a better performance of counterfeits, which indicates an improvement on combating counterfeits. Moreover, the enforcement strength shows an improvement as well, since the criminal cases and counterfeiters transferred by agencies tripled in the past ten years, even though the fines imposed by the agencies do not increase significantly. Most importantly, the cost to infringers after being enforced by agencies increases greatly, with a lower cost to counterfeit and a higher cost to infringe. To sum up, this paper not only emphasizes the progress of Chinese administrative enforcement on trademark counterfeit and infringement, but also contributes a framework of empirically analyzing such enforcement and the theoretical grounds. It is believed that this will lay a solid foundation for the future empirical works on IP infringements and the costs.
