Intellectual Property

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Trade secrets have become a critical component of intellectual property (“IP”) rights in China, recognized as a key driver of innovation and market competition.  Over the years, China has strengthened its legal framework to protect trade secrets, addressing challenges such as determining the infringement of trade secrets, difficulty in evidence collection, the need…

Ⅰ. Introduction

April 26, 2025, marks the 25th “World Intellectual Property Day”, and China also announced the “National Intellectual Property Week” from April 20 to April 26. In the wake of rapidly changing global situation and profound changes unprecedented in a century, China has simultaneously strengthened the protection of intellectual property and the enforcement against…

In today’s ever-changing digital ecosystem, the proliferation of false information and even malicious contents has emerged as one of the most pressing challenges to the cyberspace integrity.  In recent years, China’s internet regulator and judicial authorities have put efforts in regulating and monitoring malicious network contents. 

I. Administrative Approach & Latest Initiative

On April 15…

On March 13, 2025, a set of regulations on tackling foreign-related intellectual property (“IP”) cases were issued by the State Council (the “New IP Regulations”)[1].  The New IP Regulations will take effect on May 1, 2025.

The New IP Regulations include 18 articles, which clarify that relevant government departments should (i) strengthen overseas IP information…

1. Introduction: when PRC court encounters AIGC[1]

    On November 27, 2023, the Beijing Internet Court made a judicial ruling on a case regarding the AI-generated images (the “First AI-image Case”).[2]  This case is noted to be the first of its kind in China, involving a plaintiff surnamed Li and a defendant surnamed…

    — Based on Preliminary Analysis of Several Typical Judicial Cases Released by Pudong New Area People’s Court of Shanghai

    On November 10, 2023, Pudong New Area People’s Court of Shanghai (“Pudong Court”) released 50 typical cases regarding the judicial protection of intellectual property (“IP”) at a press conference (“Pudong IP Cases”). The typical cases encompass a…

    Introduction

    Facial recognition technology (“FRT”), an innovation that has garnered both praise and concern, has become increasingly prevalent in our daily lives, from unlocking smartphones to clocking in at work. While it offers numerous benefits, such as convenience and improved security, it also raises significant concerns about privacy and security. To address these concerns, the…

    Background

    On 30 June 2022, the Cyberspace Administration of China (“CAC“) issued the Draft Provisions on Standard Contracts for the Export of Personal Information (“Draft Provisions“) for public consultation. The Draft Provisions open a lawful path for cross-border data transfers under Article 38 of the Personal Information Protection Law (“PIPL…

    REGULATIONS

    CAC seeks comments on revising Administrative Measures for Internet Information Services

    On January 8, 2021, the Cyberspace Administration of China (“CAC”) issued the Administrative Measures for Internet Information Services (Revised Draft for Comments) (the “Draft for Comment”) for public comments by February 7, 2021.

    The Draft for Comment applies …

    REGULATIONS

    CAC seeks comments on scope of necessary personal information required for 38 types of Apps

    On December 1, 2020, the Cyberspace Administration of China (“CAC”) issued the Scope of Necessary Personal Information Required for Common Types of Mobile Internet Applications (Draft for Comment) (the “Draft for Comment”) for public comments…