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Unfair competition & trade secrets · 10 Editorial guide

Unfair Competition and Trade-Secret Claims in China

Anti-unfair-competition claims, trade-secret protection and enforcement beyond registered IP rights.

First job Identify the protected business information/conduct and evidence of secrecy or competitive harm.

Start here

Decision railconduct and market map → registered-right boundary → specific unfair-competition theory → claimant and respondent → protected interest or particularised secret → conduct evidence → causation and harm → preservation → administrative, civil or criminal route → remedy and recurrence controls
See routing facts

Start here

Key considerations

The first questions are about urgency, governance and preservation — before collection expands or interviews begin.

  1. Scope — Anti-unfair-competition claims, trade-secret protection and enforcement beyond registered IP rights.
  2. Immediate task — Identify the protected business information/conduct and evidence of secrecy or competitive harm.
  3. Boundary — If another practice owns a distinct issue, use Related topics below rather than duplicating that analysis here.

Direct answer

What this page decides

Owner
02

Use unfair-competition law for the conduct it actually regulates, not as a substitute whenever a trademark, patent or copyright claim is weak. Under the Anti-Unfair Competition Law effective October 15, 2025, relevant theories include source confusion involving influential commercial identifiers, false or misleading commercial publicity, commercial disparagement, trade-secret misappropriation and specified online conduct involving traffic, platforms, data or malicious transactions. The general clause requires more than perceived unfairness: identify the competitive relationship or affected market interest, recognised commercial ethics, market-order harm and why a specific statutory or registered-right rule does not already govern the conduct. A trade-secret claimant should particularise the technical or business information, show it was not generally known or readily obtainable, had commercial value and was protected by reasonable secrecy measures, then connect each respondent to improper acquisition, disclosure, use or permitted-use breach. Preserve the market conduct, actor, access path, causation and loss before notice. Administrative, civil and criminal routes have different respondents, evidence and remedies; the 2022 civil interpretation must be applied consistently with the revised 2025 statute.

At a glance

Which fact changes the next route

Use the fact that changes ownership or urgency to decide the next move.

Facts that change the next investigation route
QuestionWhy it mattersNext route
Is a specific IP right the proper route?Unfair-competition law should not automatically expand expired, invalid, unregistered or non-infringed exclusive rights.Test trademark, patent, copyright, contract and sector rules before relying on a residual theory.
Which prohibited conduct occurred?Confusion, false publicity, disparagement, secret taking and online interference require different proof.Separate each act, actor, audience, channel and statutory theory.
What market interest was harmed?A grievance between businesses is not by itself harm to competition order or a protected commercial interest.Define diverted transactions, damaged reputation, impaired choice, disrupted service or lost competitive advantage.
What exactly is the trade secret?Broad categories do not show secrecy, value, measures or misappropriation.Particularise the information and compare it with what the respondent acquired or used.
Which forum can deliver the remedy?Administrative investigation, civil preservation and damages, and criminal referral follow different thresholds.Select the route only after evidence and urgency are mapped.

Scope

What this page owns — and what it does not

Covers source confusion, false or misleading publicity, commercial disparagement, online unfair competition and civil trade-secret protection.
Does not determine competitive relationship, influence, confusion, falsity, secrecy, misappropriation, causation, damages or criminal liability for a particular dispute.
Antitrust, consumer protection, advertising, e-commerce, data, cybersecurity, employment, defamation and registered IP rules may control part of the same conduct.
The 2022 SPC civil interpretation predates the 2025 statutory revision and must be read consistently with the current law and later guidance.

Practical workflow

Action, evidence, legal gate, output

Practical workflow
ActionDocuments / evidenceLegal gateOutput
Define conduct and marketProducts, services, users, channels, transactions, identifiers, statements, platform functions, data and competitorsIdentify the actor, audience, market mechanism and alleged harmConduct and market map
Test the legal boundaryTrademarks, patents, copyrights, contracts, advertising, platform, data and sector rulesUse the specific rule where it directly governs the conductClaim-routing memorandum
Select statutory theoryConfusion, publicity, disparagement, secret, traffic, compatibility, data or malicious-transaction factsMatch each respondent and act to provable elementsElements and respondent matrix
Particularise protected interestInfluential identifier, reputation, customer choice, service operation, lawful data interest or defined secretSeparate protectable interest from ordinary competition and public informationProtected-interest specification
Preserve conduct and accessFull captures, transactions, statements, algorithms or settings, access logs, communications, downloads, products and custodyUse a lawful method appropriate to the intended forumIndexed evidence package
Prove causation and remedyDiversion, complaints, outages, ranking or traffic change, sales, costs, reputation, enrichment and urgencyConnect alleged conduct to measurable harm or threatened harmCausation and remedy analysis
Select and operate routeJurisdiction, preservation, administrative powers, standing, criminal indicators, confidentiality and assetsCoordinate routes without destroying evidence or exposing secretsAction and follow-on plan

Documents

What to gather before the next call

These items help clarify the file; they are not a legal requirement list.

Documents to gather before instructing counsel
ItemWhy neededWho holds itRisk if missing
Conduct and actor chronologySeparates each statement, interface, transaction, access and respondentBusiness, investigators and counselDifferent theories and actors are blurred together
Registered-right and contract boundary fileShows why a specific IP, contract or regulatory rule does or does not controlIP and disputes counselThe claim improperly recreates an unavailable exclusive right
Market and protected-interest analysisIdentifies competition, audience, influence, reputation, choice and commercial harmCommercial, marketing and economic teamsUnfairness is asserted without market context
Particularised secret scheduleDefines each item, boundary, value, owner, location and authorised accessR&D, business owner, security and counselThe alleged secret remains an abstract category
Secrecy and access recordConnects reasonable measures, duties, permissions, logs and acquisition pathIT, HR, procurement and securityThe information was broadly available or access cannot be linked
Harm and remedy fileSupports urgency, causation, loss, enrichment and requested reliefFinance, sales, operations and expertsLiability and remedy evidence do not connect

Common failure points

Where files usually break

  1. Adding a general unfair-competition count to every IP complaint without identifying distinct conduct and elements.

  2. Using unfair-competition law to obtain exclusivity over an idea, function, public fact or expired right.

  3. Claiming source confusion without proving the identifier's relevant influence, source-identifying role and likely confusion.

  4. Calling criticism commercial disparagement without preserving the statement, speaker, audience, falsity or misleading character and harm.

  5. Treating any collection or use of publicly accessible data as automatically unlawful without analysing method, interest and market effect.

  6. Describing the trade secret as all technical information, all customer data or the entire business model.

  7. Relying on an NDA while permissions, repositories, downloads and third-party disclosures remained uncontrolled.

  8. Showing that a former employee had access but not that the respondent acquired, disclosed or used the particularised information.

  9. Sending notice before preserving search results, platform behaviour, accounts, transactions, technical state and access evidence.

  10. Mixing administrative, civil and criminal thresholds or citing criminal interpretations replaced in April 2025.

  11. Disclosing the claimed secret unnecessarily in pleadings, notices or open evidence without a confidentiality plan.

  12. Seeking broad market restraints without evidence connecting the conduct to competition-order harm and a proportionate remedy.

FAQ

Narrow follow-ups owned by this page

Can unfair-competition law protect an unregistered brand?

Potentially, where the current statutory elements for protected commercial identifiers and confusion are met. Use, influence, source-identifying function and the accused conduct require evidence; lack of registration does not guarantee protection.

Can the general clause be used whenever conduct seems unfair?

No. The civil interpretation requires a disciplined analysis of competition order, protected interests and commercial ethics, and the general clause should not displace a specific statutory or IP rule that governs the conduct.

What makes information a trade secret?

The current law requires qualifying technical or business information that is not known to the public, has commercial value and is protected by corresponding secrecy measures. Each element and the specific information must be proved.

Are online interference and data cases all the same?

No. Traffic diversion, forced redirection, incompatibility, malicious transactions, platform-rule abuse and improper data acquisition or use have distinct facts and may engage the 2025 law, 2024 network rules and other data or platform laws.

When can trade-secret conduct become criminal?

Criminal referral requires the applicable offence, conduct, knowledge, seriousness and current 2025 interpretation. A confidentiality breach or civil misappropriation does not automatically establish a crime.

Decision map

Keep the question bounded.

  1. Define the information or conductItemize the claimed secret or unfair practice, the commercial value, relevant market actors and the legal interest harmed beyond registered IP.
  2. Prove secrecy and acquisitionSecure access controls, confidentiality duties, file histories, employee or supplier movements, forensic records and evidence of unauthorized use or disclosure.
  3. Choose the protection theorySeparate contract, trade-secret, broader unfair-competition and criminal routes, then align each respondent and requested remedy with provable elements.

Curated resources

Open the asset that matches this job.

Helpful to prepare

Facts that make the next conversation clearer.

These items are orientation aids, not a legal requirement list.

The document, decision, contract, policy, licence, order or record that created the issue.The relevant parties/entities and their roles.A short chronology including notices, deadlines, filings, payments, incidents or procedural status.

Evidence file

Preserve the record before the forum is chosen.

This is a preparation prompt, not a finding that any item is admissible or required.

  1. Official registrations, company and domain records, product packaging, interfaces and historical commercial identifiers.
  2. Complete advertisements, livestreams, search results, rankings, reviews, notices, statements and audience or transaction context.
  3. Platform rules, technical logs, traffic records, settings, compatibility tests, API or scraping records and data provenance.
  4. For trade secrets, a particularised schedule plus development history, non-public status, commercial value and secrecy measures.
  5. Employment, supplier, collaboration and access records showing duties, opportunity, acquisition, disclosure or use.
  6. Controlled captures, purchases, forensic images, hashes and chain-of-custody records preserving the accused conduct.
  7. Customer confusion, complaints, diverted sales, lost opportunities, remedial costs, reputational evidence and respondent gains.

Counsel hand-off

What to bring when you instruct

Bring the market and competitor map, registered and unregistered rights, contracts and platform terms, complete accused statements, pages, interfaces, search results, traffic or transaction evidence, affected customers and chronology, the particularised secret schedule, creation and value records, policies, access controls and logs, employment and supplier duties, forensic preservation, acquisition and use comparison, customer confusion or reputation evidence, sales, traffic, cost and loss records, desired remedy, urgency, confidentiality needs, target assets and any parallel trademark, copyright, patent, data, labour, administrative or criminal matter.

Local context

Add the city when the enforcement forum changes.

Add city or province context only when the responsible authority, court, registration practice, permit process or local implementation changes after the national route is identified.

Open city and province guides

Counsel hand-off

Need IP counsel?

This hub organises filing, secrets and enforcement routes. It does not register rights, stop a squatter or bind CNIPA on your facts.

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