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 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
Virtual Property in Online Gaming: A Look at Chinese Legislation Read More »
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
Influence of Emotional AI APP on Conventional Tort Liability Assessment Read More »
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
China First Copyright Dispute Featuring Savvy Robot of Live Streaming Read More »
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
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
Protecting Trade Secrets in China: Leveraging Non-Compete Agreements Effectively Read More »
I. Key Transformations in Legal Structure and Regulatory Approach China’s 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
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
China’s continuous struggle against fraudulent trademark registrations signifies an important advancement in the realm of intellectual property protection. The amendments made to China’s 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.
Trademarks and business names serve similar legal functions within market economic activities. Both are designed to differentiate the goods and services offered by specific producers from those of others, enabling the public to easily identify the providers of particular goods or services. This distinction aids consumer decision-making and ensures quality assurance. Under China practice, if an
Trademark against Business Name, Infringement or Unfair Competition Read More »
