china
Chinese courts see upsurge in criminal IP litigation
By Ai-Leen Lim, Ashley Zhao | Posted on June 16, 2025
On 21 April 2025 the Supreme People’s Court released an annual report entitled “The Status of Judicial Protection of Intellectual Property Rights in Chinese Courts (2024)” (“中国法院知识产权司法保护状况(2024年)”), in both Chinese and English. This update will highlight some of the IP and trademark trends across China found in the report, including an increase in criminal cases and in cases involving...
Tags: china, damages, Litigation
China’s First AI-Generated Picture Copyright Infringement Case
By Ai-Leen Lim, Ashley Zhao | Posted on April 8, 2025
In November 2023, the Beijing Internet Court issued a first-instance judgment in China’s first “AI-generated picture copyright infringement case”, clarifying that the AI-generated picture involved in the case has the quality of “originality”, reflecting the original intellectual input of human beings, and thus should be recognised as a work and protected by copyright law. The...
Increasing Burden of Proof for Trademark Applicants in China
By Ashley Zhao | Posted on March 19, 2025
Based on the recent official notices issued by the CNIPA (China National Intellectual Property Administration) about non-use cancellation cases, applicants are now required to submit more stringent evidence to prove that the target trademark has not been used, including: Basic information about the trademark registrant, including business scope, operational status, and trademark registration details. Evidence...
IP Enforcement Strategies: Combating Counterfeiting in Southeast Asia and China
By Angeline Lee | Posted on January 27, 2025
Counterfeiting remains among the most significant threats to intellectual property rights globally, particularly in Southeast Asia and China. These regions are at the heart of global manufacturing and trade but also experience high levels of IP violations. In recent years, efforts to curb counterfeiting in these areas have evolved, with countries intensifying their enforcement strategies...
How foreign applicants can take advantage of China’s updated patent regime
By Benny Liu | Posted on January 27, 2025
China implemented the fourth amendment to its Patent Law, which came into effect on 1 July 2021. The amended Implementing Regulations and Guidelines took effect on 20 January 2024. This fourth round of amendments introduced several positive elements for foreign applicants. Procedural Changes Restoring Priority In line with patent practices in the UK, European Union,...
Tags: applicants, china, designs, examination, patents, priority, Procedure
CNIPA releases detailed guidelines on trademark licences
By Ai-Leen Lim | Posted on January 27, 2025
China’s Trademark Law stipulates that, when granting others the right to use registered trademarks, the licensor must record the licence with the China Trademark Office (CTMO). On 29 October 2024 the China National Intellectual Property Association (CNIPA) released the Guidelines on Registration Procedures for Trademark Licences, to help businesses understand the relevant legal provisions and...
Tags: china, CNIPA, Guidelines, licences, registration, trademarks
CNIPA’s Regulations on Collective and Certification Trademarks: keypoints highlighted
By Ai-Leen Lim | Posted on April 17, 2024
The regulations contain 28 provisions across several critical topics Registrants of collective and certification marks must implement several acts to carry out their trademark management duties Registrants do not have the right to prohibit certain legitimate uses of geographical names contained in collective and certification marks The China National Intellectual Property Administration (CNIPA) issued the...
Tags: certification trademarks, china, CNIPA, collective trademarks, trademarks
Balancing Innovation and Regulation: Comparing China’s AI Regulations with the EU AI Act
By AWA | Posted on April 11, 2024
The recent passing of the EU AI Act presents an opportunity to conduct a comparative law analysis against China’s earlier promulgated artificial intelligence (AI) regulations. This is a crucial time for the industry as global attention increasingly focuses on the ethical development, deployment, and regulation of AI technologies. China, a leading player in AI development,...
Tags: AI, artificial intelligence, china, EU, generative AI, Internet
How implementing regulations will affect foreign patent applicants in China
By AWA | Posted on February 7, 2024
On December 21, 2023, the China State Council issued Implementing Regulations of the Patent Law (Regulations). The Regulations became effective on January 20, 2024 and compliments the fourth amendment to the Patent Law. The Regulations explain how several provisions of the Patent Law will be implemented as it aligns patent procedures with major jurisdictions. This...
Tags: china, design patents, partial design, Patent Term Adjustments, Patent Term Extensions, patents, utility models
CNIPA issues draft regulations on GIs – what you need to know
By Ai-Leen Lim | Posted on December 5, 2023
On 18 September 2023 the China National Intellectual Property Administration (CNIPA) issued the “Draft Regulations on the Protection of Geographical Indication Products for Comment” (“地理标志产品保护规定（征求意见稿)”). The draft regulations are open to public comment until 2 November 2023. Background The draft regulations are part of the CNIPA’s first-ever “Five-Year Plan for the Protection and Utilisation of...
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