The highest-value biotech asset is often not a granted patent—it is the unfinished pipeline, process know-how, and negative data in scientists’ heads and laptops. Exit events and vendor sprawl are where secrets leak.
General information only. Life sciences regulation in China spans NMPA product rules, PIPL/data security, human genetic resources, anti-corruption, volume-based procurement, IP, and clinical trial regimes. Facts, licences, and enforcement practice change. This is not legal advice and does not create an attorney–client relationship. Instruct qualified PRC counsel (and foreign counsel where FDA/EMA/CFIUS paths apply) before you recall product, transfer samples, answer a raid, or file a patent challenge.
Legal analysis map: What to protect (beyond “confidential” stamps)
What to protect (beyond “confidential” stamps)
Molecule/process recipes, cell-line genealogy, formulation and scale-up parameters.
Clinical and nonclinical datasets, protocol design choices, and failed experiments.
Device source code, hardware drawings, and verification protocols.
Customer hospital lists and tender pricing models where secrecy is maintained in fact—not only on paper.
R&D director / scientist exit protocol
Trigger access cut-off the day notice is given—not after the farewell dinner.
Forensic image of assigned devices; preserve cloud drive and enterprise chat under counsel direction.
Inventory notebooks, cell banks, and USB exceptions; obtain written certifications of return.
Interview teammates on unusual downloads or “personal project” transfers in the prior 90 days.
Compare new employer’s pipeline announcements to your secret set—without illegal competitive intelligence methods.
Non-compete (竞业限制) economics
Post-employment non-competes for key R&D staff are only as strong as statutory form, compensation practice, and scope reasonableness. Underpay or overbroad geography/job scope and enforcement weakens. Align non-compete design with garden-leave options and trade-secret injunction strategy—non-compete is not a substitute for secrecy hygiene.
Preliminary measures to stop ongoing use while the case proceeds.
Process flow: Reviewed by Jinrong Zhou , Beijing Zhongyin Law Firm · Life sciences & healthcare · Primary sources · Last le…
Criminal overlay
Serious trade-secret theft can engage public-security tracks when thresholds and intent align. Dual-track strategy needs careful sequencing so criminal filing does not destroy civil evidence control—or vice versa. Coordinate with specialised IP counsel before any public accusation.
Device software & drawings
Source code and hardware drawings often sit at the intersection of copyright, trade secret, and patent. Appraisal institutes and reverse-engineering experts become critical. Keep build servers and Git history under company control with named accounts—no shared “admin” logins.
Vendor & CRO leakage
CDMO/CRO staff and seconded consultants are frequent vectors. Flow-down secrecy, audit rights, and hire-away clauses in CRO/CDMO contracts; pair with licence data rooms that watermark and log downloads.
Chinese long-tail intents mapped to this guide (orientation only).
研发总监跳槽带走管线如何立案？
Preserve devices and access logs immediately, document secrecy measures, and instruct counsel on civil injunction plus possible criminal referral—do not confront with illegal self-help.
竞业限制补偿金怎么定才有效？
Follow statutory and judicial practice on amount, payment method, and duration; unpaid compensation undermines enforceability. Tailor scope to real competitive roles.
源代码侵权如何鉴定？
Use chain-of-custody for code bases, trusted appraisal routes, and compare unique non-public implementations—not only open-source overlap.
Source register · primary authorities and verification
Sources & trust
How to use this guide
Primary sources cited on this page: Molecule/process recipes, cell-line genealogy, formulation and scale-up parameters.; Clinical and nonclinical datasets, protocol design choices, and failed experiments.; Device source code, hardware drawings, and verification protocols.; Customer hospital lists and tender pricing models where secrecy is maintained in fact�not only on paper.; Trigger access cut-off the day notice is given�not after the farewell dinner.; Forensic image of assigned devices; preserve cloud drive and enterprise chat under counsel direction.; Inventory notebooks, cell banks, and USB exceptions; obtain written certifications of return.; Interview teammates on unusual downloads or �personal project� transfers in the prior 90 days.; Compare new employer�s pipeline announcements to your secret set�without illegal competitive intelligence methods.; Prove secrecy measures (access control, NDAs, compartmentalisation)�stamps alone fail.; Prove defendant obtained and used the secret (source code diff, process fingerprint, customer conversion timeline).; Damages models: R&D cost, unjust enrichment, or licence analogy�document valuation early..
Editorial, AI and verification policies
This page is general information for orientation. It is not legal advice and does not create an attorney–client relationship.
Legal boundary: Prefer primary statutes, judicial interpretations, and official guidance when making decisions. Where this guide links to city hubs or lawyer listings, verify credentials and engagement terms directly with counsel. Full disclaimer · Request a consultation.
Consultation preparation
What to prepare before contacting counsel
Send a focused first package so counsel can check conflicts, understand scope, and identify urgent deadlines.
A concise timeline and the result you want to achieve.
Names of all parties and affiliates for a conflict check.
Key contracts, notices, correspondence, filings, or decisions.
Known deadlines, preferred language, location, and budget constraints.
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