July 2025
CNIPA Examiner Article：Guidelines for Demonstrating Trademark Use
The article was excerpted from the original version published by the examiner in the Fifth Examination Division, Trademark Office, National Intellectual Property Administration. The correct use of trademarks is essential to the core interests of businesses. By following standardized trademark usage practices, companies can effectively reduce risks related to unfair competition, confidently navigate administrative trademark […]
Springer Takes on Yingke Qianxin : A Pivotal Battle Redefining Copyright in Digital Age
In today digital landscape, where content sharing is widespread and complex, the recent legal dispute between Springer Nature Limited and Beijing Yingke Qianxin Technology Co., Ltd. marks a significant development in copyright law. This case, which progressed through China judicial system from initial trial to final appeal, not only resolved a conflict between a leading […]
Groundbreaking Court Ruling: Setting the Standard for AI Platform Responsibility in Copyright Violations Through LoRA Models
Case Background The Hangzhou Internet Court recently adjudicated a pivotal copyright dispute concerning an AI platform enabling users to train and distribute LoRA models derived from protected Ultraman imagery. This ruling establishes critical boundaries for generative AI service providers’ legal responsibilities when facilitating user-generated content that implicates third-party intellectual property. Technical Functionality & Alleged Infringement […]
Landmark Ruling in CPU Architecture Dispute: Beijing Court Clears LoongSon of MIPS Violation Charges
Following a four-year legal dispute, the Beijing IP Court ruled recently that Loongson Technology’s 3A5000 processor does not infringe upon MIPS Technologies’ chip architecture intellectual property rights. Background Information On June 2, 2021, Shanghai Cipunited Intelligent Technology Co., Ltd (“Cipunited”), affiliated with MIPS China, released a statement on its official website addressing claims circulating on […]
Chinese Courts Applying Unfair Competition Laws to Protect AI Models
AI models comprise their structure and parameters. The structure includes the arrangement and quantity of components, while the parameters are specific values obtained through training and optimization. In March 2025, the Beijing Intellectual Property Court made a landmark ruling in the Douyin v. B612 case, marking the first time AI model structure parameters were protected […]
Navigating the Deceptiveness Clause in China Trademark Law: A Practical Guide for Applicants
In today globalized business landscape, trademarks have become essential intangible assets for enterprises, playing a vital and irreplaceable role in market competition, with their value becoming increasingly significant. Article 10, Paragraph 1 (7) of the Trademark Law prohibits the registration and use of deceptive marks, stating that marks that are deceptive and likely to cause […]
Teacher Departure and Movement, Violation of Original Institution’s Trade Secrets?
The rapidly growing market for educational training institutions in China has intensified competition among these organizations. The movement of teachers between institutions often gives rise to disputes involving labor contracts, intellectual property, and related matters. While the physical facilities are important, the quality of teaching staff—including well-structured course design and effective instructional skills—remains a critical competitive advantage and a valuable resource for these […]
II Evidence Strategies in Chinese Patent Infringement Litigation: Navigating the “Evidence Is King” Principle
Website Notarization and Electronic Evidence Preservation Website notarization represents a formal process where a notary public utilizes specialized hardware and software tools to capture, record, and timestamp the real-time content of web pages and sequences of online actions (such as keyword searches, navigation through hyperlinks, form submissions, and data input). This process generates an authoritative […]
Evidence Collection Strategies in Chinese Patent Infringement Litigation: Navigating the “Evidence Is King” Principle
In China’s judicial system, the fundamental principle of adjudication based on facts and law places evidence at the highest level of importance, often referred to as the “king of legal proceedings.” Unlike the United States, where pretrial discovery is common, China’s legal system requires plaintiffs to bear the burden of proof under the rule that […]
I Evidence Strategies in Chinese Patent Infringement Litigation: Navigating the “Evidence Is King” Principle
In China’s judicial system, the fundamental principle of adjudication based on facts and law places evidence at the highest level of importance, often referred to as the “king of legal proceedings.” Unlike the United States, where pretrial discovery is common, China’s legal system requires plaintiffs to bear the burden of proof under the rule that […]
Virtual Property in Online Gaming: A Look at Chinese Legislation
Virtual property generated within online gaming environments is represented as data within a designated digital space. Given its intrinsic value, capacity to meet user demands, legal recognition, and manageability, it is categorized as a distinct form of property that can be exchanged under certain conditions. As such, it possesses attributes akin to property interests. According to Article 2 […]
Xiamen’s Landmark Case: Misappropriation of AI-Generated Data Collection Tools as Unfair Competition
Case Summary A company based in Shanghai runs a non-ferrous metal price information platform called Shanghai Youmo Network. This site offers consumers daily spot metal prices, known as SMM price data, for various metals such as copper, aluminum, lead, and zinc, totaling 1,249 price points. The information is collected through market research and analyzed using proprietary AI algorithms, gaining considerable recognition in the market. […]
Influence of Emotional AI APP on Conventional Tort Liability Assessment
This article, originally published in Chinese in Issue 10 of China Judgments in 2025, is authored by He Zhuolan, who holds the position of Assistant Judge at the Judicial Administration Office of the Guangzhou Internet Court. Emotional artificial intelligence (referred to as “emotional AI”) encompasses AI applications that facilitate emotional interactions with users and offer psychological […]
China First Copyright Dispute Featuring Savvy Robot of Live Streaming
The rapid advancements in intelligent robotics and live streaming have led to the emergence of numerous legal challenges, such as defining the legal status of virtual digital personas, determining if using someone else’s virtual persona for live streaming is an infringement, and whether mimicking another’s live streaming room design amounts to unfair competition. The Hangzhou Court addressed these issues in the Erbai Robot case, clarifying […]
Non-Competition Typically Reserved for Employees Holding Keys to Trade Secrets Information
Non-Competition Typically Reserved for Employees Holding Keys to Trade Secrets Information – Ruling From Supreme People’s Court Referenced Case Database Summary of the Court Ruling If a non-compete agreement restricts an employee from pursuing a job in which they excel or have expertise during the specified period, and this significantly affects their livelihood and employment opportunities, the application of such restrictions must […]
Protecting Trade Secrets in China: Leveraging Non-Compete Agreements Effectively
To safeguard their competitive edge and prevent employees from switching jobs or disclosing trade secrets, many companies implement non-compete agreements. These agreements require employees to refrain from working for or starting a business with a competing organization for a specified duration, thereby protecting the company’s trade secrets from potential leaks. In the area of legal […]
Exploring the Evolution of Trademark Usage Evidence Standards in China’s Non-Use Cancellation Cases
I. Key Transformations in Legal Structure and Regulatory Approach China intellectual property landscape is undergoing a major shift towards necessitating significant commercial utilization. An important aspect of this shift involves the China Trademark Non-Use Cancellation, which is addressed in the proposed amendments to the Trademark Law (CNIPA Draft Amendment, January 2023). These amendments fundamentally change the […]
Handbook for Safeguarding Food Recipes as Trade Secrets: Key Threats and Strategies for Protection
Introduction: The Strategic Imperative of Trade Secret Protection In the global food industry, which is worth trillions of dollars, proprietary recipes are vital competitive assets. Historical examples, such as Coca-Cola’s long-standing protection of its formula and the 2016 incident involving the theft of Lao Gan Ma’s chili sauce recipe—resulting in over ten million renminbi in […]
Fortifying Global Success: A Comprehensive Intellectual Property Strategy Framework for China’s AI App Exports
In a time when artificial intelligence knows no boundaries, developers of AI applications in China are leading the way in global technology. The rapid growth of AI app exports, which includes advanced language processing tools, computer vision technologies, and predictive analytics systems, necessitates the establishment of robust intellectual property protection measures. This strategic need goes […]
Civil Liability Associated with Malicious Trademark Applications in China: A Comprehensive Legal Analysis & Strategic Guide
China continuous struggle against fraudulent trademark registrations signifies an important advancement in the realm of intellectual property protection. The amendments made to China Trademark Law in 2019, along with the Several Provisions on Regulating Trademark Application and Registration, represented a significant turning point by introducing strong measures to address exploitative registration practices in administrative processes. […]