China IP Law Update
Articles about China IP Law Update
China Issues Opinion on Developing New Quality Productive Forces: Improve the Punitive Damages System & Launch AI Early Warning and Emergency Response Systems
The Communist Party of China Central Committee and the State Council have issued the Opinions on Developing New Quality Productive Forces (关于发展新质生产力的意见) on October 9, 2026. The opinion describes developing new quality productive forces as an inherent requirement of high-quality development, the government’s stated objective for economic development, and as a focus for achieving it. According to an official of the National Development and Reform Commission (NDRC), the opinion converts statements Xi Jinping has made on the concept since July
China’s Implementing Rules for the Revised Integrated Circuit Layout Design Regulations Set Procedures for Originality Declarations, Third-Party Revocation, and Infringement Dispute Handling
On September 30, 2026, the China National Intellectual Property Administration (CNIPA) published the revised Implementing Rules of the Regulations on the Protection of Layout Designs of Integrated Circuits (集成电路布图设计保护条例实施细则) as CNIPA Order No.
Shanghai First Intermediate People’s Court Holds AI Voice-Cloning Platform Liable, Shifts Burden of Proof on Training Data
On September 29, 2026, the Shanghai First Intermediate People’s Court issued a final ruling addressing what is described as Shanghai’s first case concerning natural-person voice-rights protection arising from AI-synthesized speech. The case centers on the intersection of generative AI training practices and personality rights, and its principal contribution is an evidentiary framework for proving infringement when a plaintiff has no visibility into how a generative model was trained. Note though that this case has not been marked as typical or
China’s National Intellectual Property Administration Releases Draft Revisions to Trademark Examination and Adjudication Guidelines for Public Comment
The China National Intellectual Property Administration (CNIPA) has issued the “Trademark Examination and Adjudication Guidelines (Draft for Public Comment) (商标审查审理指南（征求意见稿）).” The draft was released on September 28, 2026, and CNIPA is accepting comments through November 12, 2026, by email, fax, or mail. According to CNIPA’s accompanying notice, the revision is intended to implement the newly revised Trademark Law of the People’s Republic of China, which was passed by the Standing Committee of the National People’s Congress on June 26, 2026. ..
Wuhan Court Considers AI Token Costs in Calculating Damages for Copyright Infringement of AI-Generated Work
On September 23, 2026, the Jiang’an District People’s Court in Wuhan, China announced the first case in Hubei Province involving copyright infringement of an AI-assisted short drama, holding that AI-generated content meeting the requirements of a “work” is copyrightable, consistent with holdings from several other lower Chinese courts (see, e.g., Li v. Liu).
Reminder: Extended CNIPA Closure for Mid-Autumn Festival & Chinese National Day 2026
The China National Intellectual Property Administration (CNIPA) will be closed from September 25, 2026 to September 27, 2026 for the Mid-Autumn Festival and October 1, 2026 to October 7, 2026 for the Chinese National Day holiday. All official patent deadlines falling on the above dates will be automatically extended to the next business day. Note that September 20 (Sunday) and October (Saturday) 10 will be work days and CNIPA will be open. Accordingly, please provide your Chinese counsel with instructions for actions due
China’s Supreme People’s Court Clarifies Profit-Based Test for Inventor Remuneration in Service Invention Dispute Over Adalimumab Biosimilar Patent
The Intellectual Property Tribunal of the Supreme People’s Court issued a final judgment on June 24, 2026, in case (2024)最高法知民终907号 published September 4, 2026, resolving an appeal from a Guangzhou Intellectual Property Court decision in a dispute over statutory inventor remuneration for a service invention. The court held that a company owes its inventor a share of the operating profit generated by a patented invention whenever the invention is commercially implemented and the relevant product generates profit in a given
China’s Supreme People’s Court Releases Draft Rules Implementing 2027 Trademark Law Amendments for Public Comment
On September 14, 2026, the Supreme People’s Court of the People’s Republic of China issued a package of draft judicial interpretations for public comment, consisting of three documents: (1) the Provisions of the Supreme People’s Court on Several Issues Concerning the Temporal Application of the Trademark Law of the People’s Republic of China (Draft for Comment); (2) the Decision of the Supreme People’s Court to Amend the “Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of