Page:ECONOMIC AND TRADE AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA.pdf/4

 (ii) evidence that a trade secret has been or risks being disclosed or used by the accused party; or

(iii) other evidence that its trade secret(s) were misappropriated by the accused party; and

(b) under the circumstance that the right holder provides preliminary evidence that measures were taken to keep the claimed trade secret confidential, the burden of proof or burden of production of evidence, as appropriate, shifts to the accused party to show that a trade secret identified by a holder is generally known among persons within the circles that normally deal with the kind of information in question or is readily accessible, and therefore is not a trade secret.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Article 1.6: Provisional Measures to Prevent the Use of Trade Secrets
1. The Parties shall provide for prompt and effective provisional measures to prevent the use of misappropriated trade secrets.

2. China shall identify the use or attempted use of claimed trade secret information as an “urgent situation” that provides its judicial authorities the authority to order the grant of a preliminary injunction based on the specific facts and circumstances of a case.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Article 1.7: Threshold for Initiating Criminal Enforcement
1. The Parties shall eliminate any requirement that the holder of a trade secret establish actual losses as a prerequisite to initiation of a criminal investigation for misappropriation of a trade secret.

2. China shall:

(a) as an interim step, clarify that “great loss” as a threshold for criminal enforcement under the trade secret provision in the relevant law can be fully shown by remedial costs, such as those incurred to mitigate damage to business operations or planning or to re-secure computer or other systems, and substantially lower all the thresholds for initiating criminal enforcement; and

(b) as a subsequent step, eliminate in all applicable measures any requirement that the holder of a trade secret establish actual losses as a prerequisite to initiation of a criminal investigation for misappropriation of a trade secret. 1-3