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INTELLECTUAL PROPERTY · CHINESE LEGAL GLOSSARY REVIEWED SEP 2026
商业秘密

Trade secret

Non-public technical or business information with commercial value that is subject to corresponding confidentiality measures.

CHINESE商业秘密
PINYINshangye mimi
PREFERRED ENGLISHTrade secret
AREAIntellectual property
WHAT 商业秘密 MEANS

What 商业秘密 means

The 2025-revised Anti-Unfair Competition Law protects trade secrets against improper acquisition, disclosure and use. The owner should be able to show secrecy, value and appropriate protection measures.

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Why the role matters

Unlike registered IP, trade-secret protection depends heavily on operational controls: NDAs, access limits, classification, exit procedures and evidence of secrecy measures.

CONTEXT

Where you see the term

ContextWhat it means there
R&DFormulas, source code and technical know-how.
Commercial operationsPricing, customer and supplier information.
Employee departuresAccess and confidentiality controls are tested.
TRANSLATION NOTE
文/A

Translation note

商业秘密 is “trade secret”. “Confidential information” can be broader and may include information that does not satisfy the statutory trade-secret test.

AUTHORITY

Primary legal basis

PRIMARY AUTHORITY

PRC Anti-Unfair Competition Law (2025 revision), Art. 10

The law defines trade secrets and prohibited misappropriation conduct.

The law defines trade secrets and prohibited misappropriation conduct.

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ILLUSTRATIVE EXAMPLE

Example

A departing engineer downloads a restricted formula database to a personal device. The company’s access controls and confidentiality measures become central evidence.

SOURCES AND REVIEW

Primary authorities.

Last source check
18 Sep 2026
MAINTAINED BYChina Legal Portal Editorial
LAST REVIEWED
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