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First judgment on conditional patent enforcement from Intellectual Property Court of the PRC Supreme People’s Court

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By Justin Davidson (HK) & Stanley Ng on July 8, 2025

In a groundbreaking move, the Intellectual Property Court of China’s Supreme People’s Court has issued its first-ever judgment with conditional enforcement terms in a patent dispute[1].  Published on 8 April 2025, the decision tackles a unique issue in…

Be aware of the PRC trade mark office’s adjustments to practice regarding non-use cancellation

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By Justin Davidson (HK) & Stanley Ng on February 25, 2025

The Chinese New Year is generally seen by those celebrating it as a time for reflection, change and improvement. For the 2025 Chinese New Year, the China National Intellectual Property Administration (“CNIPA”) also seems to have taken the opportunity to…

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Turning an AI image into reality, does that infringe in China?

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By Justin Davidson (HK) & Stanley Ng on December 22, 2024

On 27th November 2023, the Beijing Internet Court upheld that an AI generated work can be protected by copyright if the work reflects an author’s choice of expression and has originality (see our earlier blog post here). Almost…

PRC hands down first ruling on AI voice infringement

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By Justin Davidson (HK) & Stanley Ng on August 6, 2024

Over the past few years, the PRC courts have witnessed a significant increase in AI-related disputes (see our previous newsletters here and here). The Beijing Internet Court’s recent decision on an AI-generated voice case further enriches the jurisprudence in…

Who is liable when an artificial intelligence system infringes copyright – a missed opportunity by the PRC Court

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By Justin Davidson (HK) & Stanley Ng on May 9, 2024

In our previous newsletter here, we reported a decision from the Beijing Internet Court ruling that the copyright of a portrait generated by an artificial intelligence (“AI”) program is owned by the user who “controlled meticulously” the parameters for…

The long-awaited amendments to the PRC Patent Implementation Regulations have finally arrived

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By Justin Davidson (HK) & Stanley Ng on January 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here). More than three years later, the PRC State Council has finally approved and promulgated the amended Patent Implementation Regulations (“Regulations…

Is that picture your creation or the AI program’s – an age-old question revisited

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By Justin Davidson (HK) & Stanley Ng on December 22, 2023

The copyright eligibility of computer-generated literature and artistic works is not, contrary to what many may think, a post-millennial question. In a case decided as early as 1985 [1], in a time long before the internet era, the English…

China – Suspension of Trade Mark Applications More Readily Available?

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By Justin Davidson (HK) & James Kwong (HK) on June 21, 2023

In our previous post (here), we talked about a change being proposed by the China National Intellectual Property Administrative (commonly known as CNIPA), prohibiting repeated filings for the same trade mark.  This was particularly concerning to brand…

Yet Another Change Coming Up?  Structural Changes to CNIPA and China’s Potential 5th Amendment to Trademark Law

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By Justin Davidson (HK) & James Kwong (HK) on April 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. 

We wish to draw attention to some of the upcoming structural changes to the China National Intellectual Property…

China’s accession to the Apostille Convention: Authentication procedure for foreign documents used in China to be greatly simplified

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By Justin Davidson (HK) & Stanley Ng on April 12, 2023

On March 8, 2023, China deposited an instrument for accession to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (also known as the “Apostille Convention”). Upon the scheduled implementation of the…

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