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Law / China

Anti-Unfair Competition Law, 2025 revision, Article 10 (trade secrets obtained by improper means)

Anti-Unfair Competition Law of the People's Republic of China (as amended 2025), Art. 10

In force since .

An unfair competition rule binding public and private bodies.

Audit expectation
none

What it requires

  • Do not obtain a rightholder's trade secret by theft, bribery, fraud, coercion, electronic intrusion or other improper means (Art. 10, first paragraph, item 1).
  • Do not disclose, use or allow others to use a trade secret obtained by those means (Art. 10, first paragraph, item 2).
  • Do not obtain, disclose or use a trade secret where you know or ought to know that an employee, former employee or other entity or individual of the rightholder committed an act listed in the first paragraph (Art. 10, third paragraph).

These lines are LexLint's reading of the law's text.

What it makes you log

Logging duty

Article 10 prohibits obtaining, disclosing and using trade secrets by improper means and defines a trade secret. It imposes no duty to create, keep, produce or review a log or record.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 10 prohibits a business operator from obtaining a rightholder's trade secret by theft, bribery, fraud, coercion, electronic intrusion or other improper means, and from disclosing, using or allowing others to use a trade secret obtained that way. The same acts by a natural person, legal person or unincorporated organization that is not a business operator are treated as infringing a trade secret.

A third party that knows or ought to know that an employee, former employee or other entity or individual of the rightholder committed such an act, and still obtains, discloses or uses the trade secret, is also treated as infringing. A trade secret is commercial information, such as technical or business information, that is not known to the public, has commercial value and is protected by confidentiality measures the rightholder has taken. The 2025 revision took effect on .

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