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 …
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
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 …
China’s Supreme People’s Court Releases Typical Cases of Anti-Unfair Competition from the People’s Courts in 2026
On September 9, 2026, the Supreme People’s Court (SPC) of the People’s Republic of China released nine “Typical Cases” (典型案例) addressing unfair competition, timed to coincide with China’s 2026 Fair Competition Policy Publicity Week, whose theme was “A Unified National Market, Fair Competition for the Future” (统一大市场，公平竞未来). Note that in the Chinese judicial system, “typical case” compilations serve a guidance function distinct from formal binding precedent. While China does not operate under a common-law stare decisis doctrine, the SPC uses …
China’s Commerce Ministry Rejects U.S. Accusations of “Industrial-Scale” AI Distillation
On September 9, 2026, a spokesperson for China’s Ministry of Commerce responded to questions from reporters regarding a joint cybersecurity advisory released one day earlier, on September 8, by the U.S. National Security Agency, Cybersecurity and Infrastructure Security Agency, and Federal Bureau of Investigation. That U.S. advisory, titled “China-Based Artificial Intelligence Companies Conducting Industrial-Scale Distillation Campaigns Against U.S. AI Companies,” accused Chinese AI firms – including DeepSeek, Moonshot AI, Alibaba, MiniMax, StepFun, and Z.AI – of systematically extracting proprietary capabilities …