TREE NEWS update: China’s Ministry of Commerce on [date] released a draft of Special Provisions on the Protection of Chinese Trade Secrets for public comment, setting out countermeasures against foreign entities found to have misappropriated them. The draft would let the ministry restrict or ban such entities’ China-related goods, technology and services trade, bar new investment in China, deny entry to personnel and transport, revoke work and residence permits, and impose fines scaled to the severity of the case.
China’s Commerce Ministry Seeks Comment on Special Rules to Protect Trade Secrets
This draft signals that trade-secret enforcement is shifting from judicial remedy toward a trade and investment control instrument, which matters most for multinationals operating across Chinese supply chains, joint-venture partners and personnel mobility. The breadth of listed countermeasures — trade restrictions, investment bars, entry bans and permit revocation — gives the ministry discretion over commercial access rather than just litigation outcomes, raising compliance stakes for any foreign entity handling Chinese-origin technology. Whether the final provisions narrow this discretion, and how broadly 'misappropriation' is defined, is the open question worth watching as the comment period proceeds.
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