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AI Intellectual Property
Andrea_liang

AIGC Case Update: AI Writing Tools and Baidu Keyword Settings

Attorney Comments This case sets an important precedent for organizations working in the generative AI space concerning the management of digital marketing assets and the reduction of intellectual property risks. From a legal risk management standpoint, the court’s decision clearly establishes that advertisers cannot rely solely on automated tools provided by third-party platforms—such as keyword planners or automated bid management systems—to fulfill their duty of care. The judiciary has made it clear that the convenience of automation does not exempt businesses from trademark infringement claims. For AI developers and marketing teams, this ruling highlights a significant shift in compliance expectations. It is no longer adequate to depend on platform algorithms to review promotional content; companies must establish thorough internal review processes to identify third-party trademarks before launching broad keyword campaigns. The court’s dismissal of the defendant’s “automated tool” defense indicates that businesses are expected to maintain active awareness of the

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January 27, 2026 No Comments
Trade Secrets
Andrea_liang

A Recent Landmark Ruling on Trade Secrets and Its Impact on Foreign Businesses in China

For many years, intellectual property (IP) protection in China has evolved gradually, often presenting challenges for foreign companies entering the market. These enterprises have had to balance the vast opportunities China offers with concerns about enforcing their IP rights effectively. Recently, however, there has been a significant shift. Chinese courts, especially specialized IP courts and the Supreme People’s Court (SPC), are issuing rulings that not only align with international standards but, in some cases, provide even stronger protections for innovators. A key milestone in this development is the SPC’s recent final judgment in the case between Beijing Jingdiao Technology Group Co., Ltd. (Jingdiao) and a former employee, Mr. Tian, along with a Shenzhen-based company case number (2023) Zui Fa Min Min Zhong No. 2039. The court ordered compensation totaling 381.63 million RMB (approximately 53 million USD). While the amount is remarkable, the ruling’s true importance lies in the court’s reasoning.

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January 19, 2026 No Comments
China Intellectual Property
Andrea_liang

Exploring the Digital Frontier: Legal Guide for International Creators in China’s Emerging New Media Environment

Introduction: The TikTok Refugee Movement and the Emergence of a New Digital Opportunity Recent developments surrounding TikTok in the United States have sparked an unexpected and intriguing shift in digital user demographics. In January 2025, the potential ban of TikTok’s service in the U.S. led to a significant migration of American users seeking alternative platforms. Among these, China’s domestic lifestyle social media app, Xiaohongshu (Little Red Book), stood out as an unexpected haven. Thousands of American users, identifying themselves as TikTok Refugees, embraced the platform, forging a cultural connection that few anticipated. Although TikTok’s service was eventually restored in the U.S., this movement opened a new gateway. For the first time, a considerable number of Western creators experienced the dynamic and interactive nature of China’s digital ecosystem firsthand. For many, what started as a temporary exploration may develop into a sustainable business opportunity. China’s expansive consumer market, coupled with the

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January 14, 2026 No Comments
China Trademark Law
Andrea_liang

The Dilemma of Certification Marks in China: A Critical Analysis of Distinctiveness and Systemic Risk

Introduction: Navigating the Challenges of Current Practice Within the intricate framework of Chinese intellectual property law, certification marks stand out as one of the most theoretically debated and practically uncertain areas. I am currently representing a leading organic certification organization in a case that highlights the significant ambiguities affecting this field. My client, a specialized body that provides organic certification for agricultural products in collaboration with third-party testing institutions, has long used a registered certification mark to demonstrate adherence to stringent organic standards. This mark has been registered in China for many years and serves as a trusted symbol of quality and compliance in the agricultural industry. However, the security of this protection was recently undermined when a competitor filed an invalidation proceeding against the certification mark with the China National Intellectual Property Administration (CNIPA). In a decision that reveals a fundamental misunderstanding, the CNIPA ruled that the certification mark

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January 12, 2026 No Comments
China Trademark Law
Andrea_liang

False Alarm or Mere Preparation? An In-Depth Analysis of the 2025 Proposed Changes to China’s Trademark Law and Practical Effects

In the ever-changing landscape of Chinese Intellectual Property law, the only constant is change. Among the numerous updates, the recent amendment to the Trademark Law has sparked significant debate, expectation, and ultimately, reassurance. For international businesses and foreign legal firms keeping a close eye on China, understanding these changes is more than just a matter of compliance—it is a crucial strategic imperative. Introduction: From Major Impact to Subtle Effects Reflecting on 2023, the China National Intellectual Property Administration (CNIPA) released a Draft for Comments suggesting amendments to the Trademark Law, which had a significant impact. The draft proposed major changes, including banning repetitive trademark applications, enforcing strict proof-of-use requirements for trademark owners to keep their registrations, and introducing various other important reforms aimed at cleaning up a registry plagued by bad faith filings. The industry initially welcomed these efforts enthusiastically. However, this enthusiasm was short-lived. The 2023 draft was so

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January 3, 2026 No Comments
Andrea_liang

A Tactical Guide to Fighting Against Copycats on Chinese E-commerce

Last week just before the Christmas holidays a Norwegian SME client has discovered counterfeit replicas of their products being sold on Chinese websites. Given that the client is seeking a prompt, effective, and cost-efficient solution rather than incurring high legal fees, how can we best address and resolve this e-commerce infringement issue? I. Protective Stronghold – Building the Client’s Legal Base Before taking any action, it’s essential to build a strong legal base. Success in the competitive landscape of Chinese e-commerce depends on having the proper legal rights to operate. The intellectual property registrations serve as both the client’s authorization to conduct business and the client’s tools for enforcement. This is an indispensable first step. Without a Chinese trademark certificate, the client cannot submit complaints on major platforms—it acts as the client’s enforcement passport. It’s important for the client to approach this process comprehensively and strategically. The client shouldn’t limit

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December 26, 2025 No Comments
Andrea_liang

Enforcing Foreign Judgments in China: A Practical Guide for International Brand Owners

I recently handled a query from the legal department of a UK-based company, a situation that highlights a frequent procedural difficulty in the enforcement of international judgments. The UK company had successfully sued a Chinese company’s UK subsidiary and its Chinese parent entity in a UK court and obtained a favorable judgment. The current challenge they face is the practical matter of enforcing this judgment in China. The first step in the enforcement process—serving the relevant legal documents on the China-based respondent—is a statutory prerequisite for initiating the entire judicial proceeding. However, it is precisely this service step, due to its specialized and complex nature, that has become a common stumbling block for many overseas parties seeking judicial relief in China. China offers a powerful legal avenue for enforcing foreign court judgments. Yet, its legal system, grounded in the principle of national sovereignty, treats court judgments as territorial. This means

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December 22, 2025 No Comments
Trademark Exhaustion
Andrea_liang

Deconstructing the Boundaries of Trademark Exhaustion in the Era of Up-cycled Luxury

In the luxury industry, the global growth of the circular economy and sustainable fashion presents a challenging dilemma. On one side, it supports corporate social responsibility objectives and appeals to a new generation of eco-conscious consumers. On the other side, it raises complex issues of potential intellectual property violations, where the boundary between legitimate reuse and brand exploitation becomes dangerously unclear. A recent, highly important ruling by Chinese courts has offered a landmark clarification on this matter, providing strong protection for brand integrity while addressing the complexities of modern business practices. The case, Louis Vuitton Malletier v. Shenzhen Bangtu Cultural Media Co., Ltd., was heard by the Hangzhou Intermediate Court and later upheld by the Zhejiang Provincial High Court. It dealt with a growing business model involving the purchase of second-hand luxury items, their dismantling, and their reassembly into new products for sale, all while prominently displaying the original brand

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December 16, 2025 No Comments
Malicious Trademark Application China
Andrea_liang

Navigating the New Paradigm of Trademark Management in China

In recent years, Chinese trademark law has undergone a notable shift, with greater focus placed on the genuine use of trademarks. As a result, there has been a marked increase in cases where defensively registered trademarks have been cancelled due to lack of authentic commercial use. Registering and maintaining a trademark requires considerable time and financial resources, a challenge that is especially pronounced for companies managing large portfolios that may include hundreds or even thousands of marks. Consequently, effectively managing and “revitalizing” these inactive defensive trademarks has become a critical and urgent issue that calls for practical solutions. Many foreign trademark owners, however, have yet to fully recognize this change. They often hold onto the outdated notion that once a trademark is registered, it remains permanently protected—a “set-and-forget” asset. In reality, this mindset is no longer aligned with the current direction of China’s trademark policies. It is therefore essential for

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December 12, 2025 No Comments
China Trademark Law
Andrea_liang

A Guide to Registering Trademarks with Foreign Country Names in China (Judgement Attached)

When assisting international companies entering the Chinese market, one of the most common and challenging issues we face involves registering trademarks that include or reference foreign country names. At first glance, the legal framework seems contradictory. Public campaigns and general knowledge of intellectual property law have taught many that a trademark identical or similar to the name of a foreign country shall not be used. This rule, enshrined in law, appears absolute. If such marks cannot be used, it logically follows that they cannot be registered either. However, a quick look at the Chinese market and global trade reveals many successful and seemingly conflicting examples. Trademarks like NATURAL POLAND (referring to Poland), American Standard (referring to the USA), and Guomei (a near reversal of the Chinese characters for America) are not only in use but have also been officially registered in China. This naturally raises a key question from clients:

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December 10, 2025 No Comments

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