The State Council Legislative Affairs Office released the draft to the Anti-unfair Competition for public comments.

Trade secrets, as used in this law, refers to technological information and business information that are not publicly known, have commercial value, and are subject to corresponding secrecy measures taken by the rights holder.

Activities such as obtaining rights holders' trade secrets by theft, enticement, intimidation, fraud, or other improper tactics; disclosing, using, or allowing others to use a rights holders' trade secrets acquired by tactics provided for in the previous item; or disclosing, using, or allow others to use trade secrets in their possession, in violation of agreements or the rights holders' demands for preserving trade secrets, will be infringing on trade secrets.

The draft also makes clear burden of proof in trade secrets cases and increased the penalty of trade secrets violation.

The draft is open for public consultation until March 25, 2016.

http://www.chinalaw.gov.cn/article/cazjgg/201602/2016 0200480277.shtml