Trade Secrets Trends

Trade Secrets Trends

Analysis and commentary on the latest developments in trade secrets protection, disputes, and enforcement

Category Archives: Asia

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When You Commit the Crime, Not Only Will You Do the Time, But You Will Also Pay the Fine

Posted in Asia, Criminal Prosecution, Trial & Verdicts, U.S. Litigation
In July 2018, U.S. District Judge James Patterson imposed a $59 million penalty against China’s largest wind-turbine firm, Sinovel Wind Group LLC (“Sinovel”), for stealing trade secrets from a Massachusetts-based technology company, American Superconductor Inc. (“AMSC”). This fine was imposed as restitution to the American company, AMSC, after Sinovel was found guilty of stealing trade… Continue Reading

USTR: China Discriminates Against U.S. Firms Related to Tech Transfer, IP, and Trade Secrets

Posted in Asia
On August 18, 2017, the Office of the United States Trade Representative (USTR) launched a formal investigation pursuant to Section 301 of the Tariff Act of 1974 on the People’s Republic of China (PRC). The probe sought to determine whether the acts, policies, and practices of the PRC related to technology transfer, intellectual property, trade… Continue Reading

Is China Discriminating against U.S. Firms Related to Technology Transfer, IP, Trade Secrets, and Innovation?

Posted in Asia
U.S. Trade Representative (USTR) Ambassador Robert Lighthizer initiated an investigation on August 18, 2017 pursuant to Section 301 of the Trade Act of 1974. The probe will determine whether acts, policies, and practices of the People’s Republic of China (PRC) related to technology transfer, intellectual property, trade secrets, and innovation are discriminatory towards U.S. firms… Continue Reading

When You Do the Crime, You Must Do the Time

Posted in Asia, U.S. Litigation
Sinovel Wind Group Co. Ltd. (“Sinovel”) was convicted on January 24, 2018 for stealing trade secrets from AMSC, a U.S. based company. In March 2011, Sinovel, a manufacturer and exporter of wind turbines based in the People’s Republic of China, contracted with AMSC to sell more than $800 million in products and services for its… Continue Reading

ITC Excludes Chinese Company for 10-Years for Trade Secrets Misappropriation

Posted in Asia, U.S. Litigation
The International Trade Commission (ITC) issued a Limited Exclusion Order (LEO) excluding imported crawler cranes from Chinese manufacturer Sany Heavy Industry Co that were designed and manufactured using the misappropriated trade secrets and patented inventions of Manitowoc Cranes. The Commission’s final determination in the In Re Certain Crawler Cranes and Components Thereof investigation (Inv. No.… Continue Reading

Surprise: Trade Secrets Are Protected In China

Posted in Asia
  Many U.S. lawyers are surprised when I tell them that China has legal protection for trade secrets.  Although China’s trade secret protections are scattered across several statutes, the most important is the Anti-Unfair Competition Law (AUCL). Article 10 of the AUCL defines a trade secret as technical and business information unknown to the public… Continue Reading

Chair of Temple University’s Physics Dept. Indicted for Providing U.S. High Tech to China

Posted in Asia, Criminal Prosecution
The chair of Temple University’s physics department has been indicted for allegedly providing U.S. technology to China. Dr. Xioaxing Xi, a U.S. citizen and native of China, is an expert in the field of magnesium diboride thin film superconducting technology. According to the indictment, Xi was involved in a scheme over many years to funnel… Continue Reading