Evidentiary Shift Protocols and Notarization Requirements in PRC Trade Secret Proceedings
PRC trade secret claims succeed by establishing granular secrecy measures, notarizing electronic access logs locally, and triggering Article 32 burden shifts.
Non Public Status
Meaning
Legal requirements that information not be generally known or easily accessible define non public status. This is the first of three mandatory elements for trade secret protection under the PRC Anti-Unfair Competition Law. It distinguishes proprietary knowledge from the general body of skills and information used in a specific industry.
Judicial Standard
Courts in China evaluate non public status by determining if the information is known to the relevant public or person in the field. Technical drawings, customer lists and manufacturing processes qualify if they are not published in open literature. Patent filings or public marketing materials automatically destroy this legal standing.
Secrecy Maintenance
Rights holders must demonstrate that the information remains hidden from unauthorized eyes to preserve non public status. Measures such as non disclosure agreements, physical access controls and password protection serve as evidence of the owner’s intent. If a company fails to restrict access to its staff or visitors, the court may rule that the secrecy has been lost.
Commercial Value
Profitability and competitive advantage depend on the maintenance of non public status for high value data. The law protects the information because its secret nature provides the holder with an economic benefit. Infringement claims fail if the information is proven to be part of the common technical knowledge available to any competitor.