Criminal Trade Secret Infringement in China

Trade-secret fights can be AUCL civil or Criminal Law — the criminal track means PSB, detention risk and a different evidence tempo.

Infringing trade secrets can proceed under Anti-Unfair Competition Law and, where Criminal Law thresholds and elements are met, as a criminal case. Employers chase departing engineers; suspects face detention for downloads and WeChat files. Employee-theft and evidence wikis stay on the IP side. Internal holds still matter before anyone ‘clears their phone’.

The classification screen

4 questions before you choose the route.

This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.

Civil AUCL or criminal file?

Which track.

Track

What is the secret and the measure?

Secrecy proof.

Secret

Custody risk for the employee?

Detention pages.

Custody

Does this issue require separate analysis?

Cross-link.

Working rule: Infringing trade secrets can proceed under Anti-Unfair Competition Law and, where Criminal Law thresholds and elements are met, as a criminal case.

What changes the answer

The signal ledger.

These facts move the question beyond a label and into a product, money-flow and control analysis.

Signal

Ask the operating question

Why it changes the route

Broader Criminal Defense analysis needed

Do the facts extend beyond the threshold Criminal Trade Secret Infringement in China question?

Additional facts can change the Criminal Defense route, evidence and next step.

Delete laptops first

Obstruction overlay.

Hold.

NDA alone as the case

Missing secrecy measures.

Weak.

Prepare before you escalate

Bring a compact evidence docket—not a pitch deck.

Give a compliance team or counsel the operating facts that reveal the perimeter.

01Secrecy measures filePolicies, access logs.

02Download/transfer recordsWhat moved.

03Detention or demand lettersWhich track.

Common confusions

Questions people ask before they build.

Short answers for orientation. The right result can change with the service model and current rules.

When is a more detailed analysis needed?

One nests under IP enforcement; this one nests under criminal defense for the custody/charge overlay. Cross-read both.

Where is employee theft civil/IP detail?

Use the linked specialist resource when Criminal Trade Secret Infringement in China turns on detailed evidence, procedure or risk assessment.

Primary authorities

Reviewed sources support orientation, not a fact-specific assessment.

PRC Criminal Procedure Law (NPC)

PRC Criminal Law (NPC)

Supreme People’s Procuratorate

Ministry of Public Security