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Safeguarding Trade Secrets in China : key is to use the system and play the game the way the Chinese do

From the boardroom... Chief Executive Magazine Issue 224 Lee Sands

From a top-level perspective, for China to be totally successful there still needs to be more systemic change. Enforcement of IPR needs to be a higher priority; police need to be better trained; thresholds for prosecuting criminals need to be lowered; requirements to disclose pertinent information and documents to opposing counsel need to be improved; the burden of proof should be shifted to infringers; and there should be better enforcement of injunctions. There are also many social issues that need to be changed; namely, local protectionism, organized crime’s involvement in infringement, lack of police resources and judges’ unwillingness to give long sentences.

Lee Sands is managing director of Sierra Asia Partners, an advisory and financial services company based in China and the U.S. Sands also served as founder and chairman of MBP Consulting, which advises companies on market access and government policy in China, a partner in Mayer, Brown, Rowe & Maw, and as chief U.S. trade negotiator with China in the Office of USTR during the Clinton administration. He speaks and writes Mandarin and is based in Beijing.

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