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Intellectual Property

Apr. 3, 2024

Challenges in enforcing trade secret protection against Chinese companies

The Thousand Talent Program (TTP) is an initiative by the Chinese government to recruit foreign experts in fields that China considers crucial for its competitiveness. The program has been accused of facilitating the theft of US trade secrets and intellectual property.

JD Harriman

Partner, Foundation Law Group LLP


JD Harriman is a partner at Foundation Law Group LLP and is the creator of the Mona LisaTM method of patent analysis. As outside patent counsel for Steve Jobs at Apple, NeXT, and Pixar, he was instrumental in establishing their IP infrastructure. He is at the forefront of high-level strategic advising on intellectual property matters (having done so for OpenAI founder Sam Altman's first company, Intel, Sun Microsystems, and many other leading tech companies). JD's expert witness experience includes the biggest trade secret espionage trial of this century. JD also wrote the patent for Fast Pass at Disneyland. He obtained his BS degree from The Ohio State University and his JD degree from USC.


The challenges for US companies in enforcing trade secret protection against Chinese companies come from four main areas, namely,

1. The highly structured and organized procedures of the Chinese government to acquire US technology,

2. The difficulty in pursuing potential defendants who are outside of the jurisdiction of the US,

3. Defective non-disclosure agreement (NDA)


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