By MHP LAW FIRM – Kevin Xu and Jackie Gao
China protects trade secrets from being illegally acquired, disclosed, used, or permitted to be used by others primarily through the Anti-Unfair Competition Law (the “AUCL”) (revised in 2025), supplemented by relevant administrative regulations and judicial interpretations. The State Administration for Market Regulation (SAMR) recently released the Regulation on Protection of Trade Secrets (the “New Regulation”), effective on June 1, 2026, with an aim to provide more detailed protection guidance and reinforce administrative enforcement of the AUCL in respect of trade secret protection. The 1995 Regulation on Prohibiting Trade Secret Infringement will be repealed then.
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