109) Since the majority of trade secrets cases involve current or former employees who are induced to work for a competitor, the provisions of the 2008 Labor Contract Law are especially important in supplementing the AUCL and will be the subject of an extended examination in a later section of this Article.
Several different enforcement authorities have jurisdiction over trade secrets cases under the AUCL and other laws.
Step one in the burden of proof requires the plaintiff to prove that it owns a trade secret as defined by statutory requirements set forth in Article 10 of the AUCL.
129) The existence of technical and business information that can qualify as a trade secret is the most heavily disputed element in the AUCL statutory definition.
As mentioned above, the AUCL prohibits both unfair trade practices and anticompetitive behavior.
35) In August 1994, the SAIC established the Fair Trade Bureau, which was charged with investigating market actors' trading behaviors for implementing the AUCL.
Shanghai Intermediate People's Court accepted the case to be judged in accordance with article of the 2 AUCL, which states: "An operator shall, in transactions in the market, follow the principle of voluntariness, equality, fairness, honesty and credibility, and observe generally recognized business ethics.
As an improvement compared with the AUCL of 1993, the AML provides that the AMEA may make proposals on the handling of a case concerning administrative monopoly to the relevant superior agency.
The current AUCL, by comparison, does not explicitly require this corrupt intent.
The revised AUCL draft also sets forth three typical commercial bribery scenarios.
The revised AUCL draft has only increased, not reduced, companies liabilities for individual employees violations.
The revised AUCL draft clearly provides that if employees have procured transaction opportunities or competitive advantages for business operators through commercial bribery, such activities shall be viewed as the activities by the business operators.