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中国商业秘密保护研究报告(2014-2024)-四川明炬律师事务所
Sou Hu Cai Jing·2025-07-11 01:41

Group 1 - The report outlines the trends and characteristics of civil, criminal, and administrative cases related to trade secret protection in China from 2014 to 2024, highlighting the need for improved legal frameworks and enforcement mechanisms [1][2][21] - Civil cases have shown a significant increase, peaking at 591 cases in 2019, while criminal cases have remained stable at an average of about 112 cases per year [1][2][19] - The majority of civil cases (over 80%) are related to trade secret infringement, with technical secret disputes being 1.7 times more prevalent than business secret disputes [1][2][28] Group 2 - The geographical distribution of cases is heavily concentrated in economically developed regions, with Guangdong, Shanghai, and Beijing accounting for 41.7% of civil cases [1][2][36] - The average trial duration for civil cases is 156 days, significantly longer than for ordinary civil cases, primarily due to the complexity of evidence [2][21] - The report indicates that the average compensation awarded in civil cases is 7.46 million yuan, but 66% of cases end in withdrawal, with statutory compensation being the norm [2][19] Group 3 - The report emphasizes the importance of strengthening preemptive measures for trade secret protection, such as improving confidentiality systems and signing non-compete agreements [2][21] - It suggests that companies should prioritize criminal reporting when evidence is sufficient, while civil litigation or administrative complaints can be pursued when evidence is lacking [2][21] - The report calls for collaboration among judicial, administrative, and corporate entities to enhance trade secret protection and proposes lowering the burden of proof and increasing compensation levels [2][21]