In decision (2023)最高法知民终1295号 released on July 3, 2025, China’s Supreme People’s Court (SPC) held that failure to notify a People’s Court (trial court) of a claim amendment made during an invalidation proceeding is subject to a fine. The SPC also reversed the People’s Court’s judgement of infringement based on the amendments made during the invalidation proceeding. Accordingly, a 100,000 RMB win at the first instance turned into a 150,000 RMB loss at the second instance.
Category: Case
China’s State Administration for Market Regulation Announces 7 Typical Cases of Trademark Administrative Enforcement for 2024
On June 10, 2025, China’s State Administration for Market Regulation (SAMR) announced the 7 Typical Cases of Trademark Administrative Enforcement for 2024 (市场监管总局公布7件商标行政执法典型案例). Administrative enforcement provides an alternative route to IP litigation and criminal prosecution but does not provide damages. Note that administrative enforcement is not mutually exclusive to litigation and criminal prosecution – all three mechanisms may be used and administrative enforcement cases are regularly referred for criminal prosecution. Regarding the cases, SAMR explained that “in 2024, local market …
Beijing IP Court Releases 2024 Annual Cases
On April 30, 2025, the Beijing IP Court (BIPC) released their list of 2024 annual cases including 7 IP-related cases and 1 antitrust case. The Court explained that the cases “cover the four major intellectual property trial areas of patents, trademarks, copyrights, and competition and monopoly, involving innovative achievements in emerging industries in key areas such as medicine, communications, seed industry, platform economy and data. These cases reflect five major characteristics: increasing efforts to protect industrial innovation in key areas, …
China’s Supreme People’s Court Designates Generative AI Case as Typical
On May 26, 2025, China’s Supreme People’s Court (SPC) released the “Typical cases on the fifth anniversary of the promulgation of the Civil Code” (民法典颁布五周年典型案例) including one generative AI case in which the Beijing Internet Court held that an AI-generated voice infringed a dubber’s personality rights. Note that while China is not a common law country, designating a case as a Guiding Case or Typical Case is somewhat analogous to a U.S. Court marking a case as precedential in that …