CHINA IP LAW HUB

Protection of non-traditional trademarks in China

Since the promulgation of the Trademark Law in 1982, China’s trademark protection system has evolved from covering only traditional forms like word marks and device marks to opening up to non-traditional marks…  (Read more >)

30 April 2026

Compensation not contingent upon actual sale in patent infringement

“Offering to sell” or “offer for sale” refers to the act of expressing an intention to sell products through such means as advertising, window display or exhibition at trade shows. Offering to sell any patented product without a…  (Read more >)

28 April 2026

Criminal procedure, rights protection for white-collar crime

White-collar crime typically refers to criminal cases in the economic sphere, involving corruption within civilian-run enterprises, occupational embezzlement, misappropriation of funds and illegal business operations…  (Read more >)

24 April 2026

Relearning trade secret protection in the age of AI agents

In recent years, in-house counsel discussion of AI and trade secrets has largely focused on the scenario of “staff feeding data into ChatGPT”, which is a valid concern. But what deserves even closer attention is the widespread and deepening integration of AI agents… (Read more >)

7 April 2026

Partner compliance and trade secret protection in the AI era

Artificial intelligence is being embedded ever more deeply in corporate management and compliance. It brings material efficiency gains, but also introduces risks that require a prompt and structured response…  (Read more >)

27 March 2026

Trade secret crime deadlock solutions and compliance protection

Trade secrets now rank among the most vital instruments for IP protection in China’s corporate sector. The recent surge in high-value civil awards and criminal prosecutions has sharpened corporate focus on this area, yet practical confusion persists… (Read more >)

9 March 2026

Administrative dispute over dictionary pen design patent

The patent system aims to clarify the boundary of rights and grant rights holders lawful exclusivity, thus promoting technological innovation and the commercialisation of tech advances and industrial designs, and encouraging sustained innovation… (Read more >)

2 March 2026

Economic crime risks, defences in commercial AI

Artificial intelligence has evolved from a mere auxiliary tool into a core piece of business infrastructure, embedded across operational, marketing and risk management processes and dramatically boosting efficiency…  (Read more >)

30 January 2026

Resolving conflicts between music copyright ownership and licensing

In the field of intellectual property, conflicts frequently arise between the transfer of ownership and licensing. A common situation occurs when a rights owner, before transferring ownership, has already licensed those rights to another party for use or exploitation… (Read more >)

12 January 2026

Case analysis: Patent dispute settled with compensation

Against the backdrop of intensifying market competition and frequent patent infringements, how to resolve patent disputes swiftly and efficiently has become a core concern for enterprises… (Read more >)

18 September 2025

Compliance factors for AI computing centres

Computing power is fundamental to AI development, forming a core element alongside data and algorithms. With the widespread adoption of AI applications, especially the popularity of open-source large models like DeepSeek, the demand for computing power has surged globally… (Read more >)

7 May 2025

Tightening oversight of trademark non-use cancellation applications

China has witnessed a significant surge in trademark applications in recent years, alongside stricter review standards for trademark coexistence agreements and consent letters by the China National Intellectual Property Administration (CNIPA), as well as the courts… (Read more >)

7 May 2025

Breaking the evidence barrier in tech patents

With the implementation of the Fourteenth Five-Year National Intellectual Property Protection and Utilisation Plan, China’s invention patent authorisations have ranked first worldwide for four consecutive years, reflecting the country’s significant achievements in patent protection… (Read more >)

7 May 2025

Standard essential patent battleground shifts in China

Accelerated technological innovation and industry convergence have sparked new development trends in standard essential patent (SEP) cases across China in recent years… (Read more >)

7 May 2025

Protection of trade secrets through conduct preservation

China’s Supreme People’s Court Work Report (2025) explicitly noted that the court has lawfully issued China’s first conduct preservation order in the field of intellectual property that functions as a counter-injunction, supporting right holders in the legitimate exercise of remedies… (Read more >)

5 May 2025

Judicial challenges in trade secret protection

The IP Tribunal of the Supreme People’s Court rendered its appellate judgment in Geely v WM Motor (2024), which arose from a trade secrets infringement dispute triggered by employee poaching… (Read more >)

5 May 2025

Strategically managing trade secrets

Enforcing intellectual property rights often faces evidentiary hurdles, with trade secret protection being particularly challenging. Courts routinely dismiss trade secret claims due to inadequate proof, as plaintiffs often fail to convincingly demonstrate ownership of the disputed information,… (Read more >)

5 May 2025

Recognising copyright of AI-generated works

The rise of DeepSeek has reignited debate over the copyrightability of AI-generated outputs (AI works). Do they qualify as “works” under China’s Copyright Law? Can they receive copyright protection? … (Read more >)

8 April 2025

Data circulation and AI: The new battlefield in litigation

Data has become a strategic corporate asset, as vital as human resources and capital. Proprietary data, in particular, often represents a company’s most critical competitive advantage. For in-house counsel… (Read more >)

7 April 2025

Retrial of the ‘伊丽’ dispute over trademark invalidation

In the field of intellectual property protection, every influential case serves as a milestone, guiding industry development and legal practice. The retrial of the administrative dispute over the invalidation of the “伊丽” trademarks is one such landmark… (Read more >)

1 April 2025

Brand protection strategies in Michael Kors IP case

In recent years, as China has intensified its intellectual property (IP) protection efforts, an increasing number of international brands have turned to litigation to safeguard their rights. The Michael Kors trademark infringement and unfair competition case serves as a prime example… (Read more >)

1 April 2025

Solving trade secret disputes via arbitration

Trade secret disputes rank among the most complex cases in intellectual property protection. Unlike patents and trademarks, whose rights and scopes are publicly accessible, trade secrets are non-public, complicating the definition of rights and identification of infringement… (Read more >)

23 January 2025

Infringement risks and legal paths in large AI model training

Large AI models have made significant strides in recent years, showcasing impressive capabilities. But the performance and effectiveness of these models heavily rely on the scale and quality of training datasets, which frequently include copyrighted material… (Read more >)

29 October 2024

Legal safeguards for transforming scientific, tech achievements

In recent years, China has placed significant emphasis on the transformation of scientific and technological achievements, the term for transforming practical research of higher education institutions and research institutes (transformation institutions) into innovative enterprises for commercialisation and industrialisation… (Read more >)

25 September 2024

Risk of unfair competition in platform data capture

With the development of the digital economy, data has emerged as a new type of production factor, garnering increasing interest among companies. However, the heightened focus on data intellectual property rights or property rights protection has made many enterprises suspicious… (Read more >)

10 May 2024

Generative AI: EU’s framework for classifying risks

The operation of generative artificial intelligence (AI) is divided roughly into three stages: data capture, training, and output. The core of each stage lies in processing and making use of massive data; the attached data risks vary by stage… (Read more >)

10 May 2024

How FMCG firms protect brand rights early in market

Fast-moving consumer goods (FMCG) companies face fierce competition in the market, where brand and product image significantly influence consumer purchasing decisions. Therefore, FMCG enterprises should prioritise the protection of business marks, product names,.. (Read more >)

10 May 2024

Regulations governing training material for generative AI

Legal use of copyrighted material is crucial for training artificial intelligence (AI) but also poses a significant copyright risk for AI front-end developers. During the training process, developers need to feed large amounts of text data to AI algorithm models to enhance training effectiveness, which inevitably involves copyrighted works… (Read more >)

9 May 2024

Application of agreed compensation for IP infringement in judicial

In recent years, there has been a growing trend in the application of agreed compensation in intellectual property (IP) infringement cases… (Read more >)

9 May 2024

Safeguarding innovation with IP litigation

Economist Joseph Schumpeter introduced the concept of “creative destruction” to describe how innovation drives the replacement of old products and methods. It is increasingly recognised that innovation is the driving force of economic growth, breaking down old structures from within, while creating new ones… (Read more >)

9 May 2024

Conditions other than fame in recognition of well-known trademark

Recognition of well-known trademarks is a significant milestone in branding. The Trademark Law of China outlines the protection of well-known trademarks, complemented by administrative regulations and judicial interpretations. Trademark holders can assert the protection of well-known trademarks in administrative procedures,… (Read more >)

9 May 2024

How can Chinese firms defend IP rights in overseas trades?

In an increasingly complex international environment, Chinese enterprises are facing ever greater challenges in carrying out trade activities abroad… (Read more >)

18 March 2024

Co-ordinating IP cases between administrative, criminal proceedings

The co-ordination mechanism between administrative and criminal proceedings is a crucial avenue for IP protection in China, and rights holders should play a proactive role in the defence process… (Read more >)

30 October 2024

Rules and case analysis for decomposing control at MCN

Influencers, traffic, brands and platforms are widely understood aspects of the influencer economy. However, what is less known to the public are the policy and the core technologies behind the influencer economy – such as communications technologies, network technologies, big data and cloud computing… (Read more >)

8 January 2024

Dilemma of applying punitive damages for IP rights

Since the promulgation of the Interpretation of the Supreme People’s Court on the Application of Punitive Damages in the Trial of Intellectual Property Infringement Civil Cases on 3 March 2021, practice has produced further refinements… (Read more >)

1 December 2023

Preservation of evidence through notarisation

In the course of economic transactions, businesses may find themselves facing infringements on their rights by other parties… (Read more >)

13 September 2023

Using IP umbrella to shield data shows legal gaps

In the age of the digital economy, data must be seen as one of the core factors of production… (Read more >)

11 May 2023

Know-how protection and countermeasures for litigation

Recent years have witnessed a growing number of trade secret infringements and a gradual increase in the amount of damages. Enterprises have learned to use trade secrets as a weapon to protect technological achievements… (Read more >)

10 May 2023

China customs services and IP protection

Who are the protectors of intellectual property in China? Most would immediately think of the China National Intellectual Property Administration (CNIPA), copyright offices, trade and industry bureaus, public security agencies and the courts… (Read more >)

10 May 2023

IP protection in the ChatGPT era

ChatGPT and other artificial intelligence (AI) tools are demonstrating admirable comprehension and conversational skills, enabling them to solve various generic issues in a growing number of areas… (Read more >)

10 May 2023

Challenges and solutions for Chinese patent applications

With constant perfecting of the intellectual property (IP) system, China has been making significant strides in IP protection. However, in practice, rights holders still face many challenges and difficulties, including obtaining ideal patents… (Read more >)

10 May 2023

How to break ‘safe harbour principle’ to protect creators’ rights

The self-media era and the popularity of online information technology have led to a spate of copyright infringements on major online platforms. However, due to the “safe harbour principle”, network service providers can generally escape liability and turn a blind eye to a large number of infringements to the detriment of creators’ rights and… (Read more >)

8 February 2023

Adjudicating concurrent IP protection and unfair competition claims

The Anti-Unfair Competition Law assumes full liabilities, supplementing IP laws such as the Copyright Law, Trademark Law and Patent Law, meaning rights and interests may simultaneously be protected by IP and the Anti-Unfair Competition Law… (Read more >)

29 December 2022

IP owners should use investigation orders to defend their rights

Investigation orders – empowering a party’s attorneys to gather relevant evidence – are increasingly important in IP litigation, even though neither the Civil Procedure Law nor the Lawyers Law expressly provides for such a system, which is only used in certain higher people’s courts… (Read more >)

29 December 2022

Protecting corporate business data under IP legal norms

Corporate business data generally refers to the compilation of historical and real-time information on each important link in the value chain of an industry, including internal data, distribution channel data, consumer market data and other commercially valuable data… (Read more >)

18 May 2022

Solving trade secret cases with IP attorneys

Criminal relief may be available in cases of serious trade secret infringement… (Read more >)

3 March 2022

Copyright infringement inspection in China

In the determination of copyright infringement, concepts such as ‘access’ and ‘substantive similarity’, introduced in relevant US laws, often prove valuable to courts in China… (Read more >)

1 March 2022

The power of administrative injunctions in patent infringement

Injunctions are the best way to remedy patent infringements, but there remain obstacles to enforcement… (Read more >)

2 November 2021

Determining ‘pre-sale confusion’ in TM infringement

An analysis of split court decisions for using another company’s name as a search keyword… (Read more >)

23 September 2021

Securing large damages in IP infringement litigation

As China steps up intellectual property protection, infringers’ annual financial reports and petitioning for the taking of evidence could convince courts to award rights holders big damages payouts… (Read more >)

25 August 2021

Impact of revised Copyright Law on music industry

A decade of legislative effort to craft the new Copyright Law will see broadcasting rights expanded and provide new sources of revenue for music artists and producers… (Read more >)

30 July 2021

Two major defences in patent infringement cases

Can a defendant use the ‘prior art defence’ and the ‘patent invalidation defence’ interchangeably?… (Read more >)

26 July 2021

Regulating audiovisual works under revised Copyright Law

The newly revised Copyright Law that comes into effect on 1 June 2021 covers a wide range of topics. In particular, the revised Copyright Law changed “films and works created in a manner similar to that of film-making” in Item (6) of Article 3 of the original Copyright Law to “audiovisual works”… (Read more >)

18 May 2021

Exploring the practice of intellectual property securitisation

In recent years, the exploration of the practice of intellectual property (IP) securitisation has frequently recurred… (Read more >)

12 May 2021

Assessment of evidence in software copyright infringement

In civil proceedings related to intellectual property cases, article 2 of the Supreme People’s Court’s Several Provisions on Evidence in Civil Procedures Involving Intellectual Property Rights explicitly stipulates that the parties shall adduce evidence to prove their claims… (Read more >)

27 April 2021

Applying ‘claims based on specification’ in patent licence litigation

This article offers suggestions for the application of the reason that “the claims shall be based on the specification” in the patent licensing and confirmation procedure through explaining the relationship between that reason and reasons other than the three conventional attributes of a patent (novelty, originality or practical applicability)… (Read more >)

12 March 2021

Exploring new models of regional IP arbitration

With the rapid development of the knowledge economy, intellectual property (IP) disputes have become increasingly diversified and complicated… (Read more >)

2 December 2020