from: nick polimeni

to: judgejiang@china.com

sent: thursday, february 02, 2006 1:55 pm

subject: question about 'know-how' in public domain

there is much knowledge that is available in text books, and publications that is well known in the west, which is no longer protected by copyright or patent. now someone in the us, for example, is an expert in such field, and has a much know-how.  a chinese partner, on the other hand, can not find that type of expertise in china.  so he enters into contract with the us engineer, and the us engineer provides know-how and from this know how, products are created. but nothing can be patented because the technology for such designs is in the public domain. however, without the us engineer's know how, the products could not have been developed.

how is the person's know-how protected by chinese law, if not by patent or copyright law?

thank you in advance,

nick polimeni

mr. nick polimeni,

thank you for you email.

yes, you are right. the person's know-how should be protected by chinese anti unfair-competition law. however it would not be protected by chinese copyright or patent law. only references.

regards,

judge jiang

www.chinaiprlaw.com