ChinaIP

Beijing Internet Court: AI Face-Swapped Short Drama Infringed a Well-Known Actor’s Portrait Right (Judgment of 2026)

Mengchun’s Comments This case addresses a new type of personality-rights dispute arising from the use of AI face-swapping technology in short-form video content. The Beijing Internet Court focused first on identifiability. The court held that an AI-generated or AI-modified image does not need to be identical to a person’s actual appearance. If the general public or a relevant group can […]

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Changsha Court: A Structured Approach to Assessing the Copyrightability of AI-Generated Content in China (Judgment of August 5, 2026)

Mengchun’s Comments This case provides a more structured approach to assessing the copyrightability of AI-generated content in China. The court divided the creation process into three stages: pre-generation conception, generation control, and post-generation editing. It then developed a three-part test for assessing originality at the generation-control stage. Compared with the earlier Zhangjiagang Court decision, this case takes the analysis a

Changsha Court: A Structured Approach to Assessing the Copyrightability of AI-Generated Content in China (Judgment of August 5, 2026) More »

Jiangsu High Court: Brand Recognition Does Not Automatically Establish Protection for Product Decorations (Judgment of May 27, 2026)

The court emphasized that brand recognition does not automatically translate into recognition of a product decoration. Even where a brand enjoys substantial market recognition, rights holders should be prepared to prove that the specific product decoration at issue has itself acquired market influence and source-identifying significance. Evidence relating solely to the fame of the brand may not be sufficient.

Jiangsu High Court: Brand Recognition Does Not Automatically Establish Protection for Product Decorations (Judgment of May 27, 2026) More »

Henan High Court: How Criminal Enforcement Helped Sanofi Obtain RMB 1.8 Million in Trademark Damages (2025)

For brand owners, the lesson is simple: criminal enforcement is not only a tool for stopping infringement. In appropriate cases, it may be the most effective way to obtain the sales evidence necessary to support meaningful damages claims in subsequent civil litigation.

Henan High Court: How Criminal Enforcement Helped Sanofi Obtain RMB 1.8 Million in Trademark Damages (2025) More »

10 Practical Takeaways from the SPC’s 2025 Typical IP Cases (Part II)

In Part I, we discussed five cases involving trademark distinctiveness, semiconductor patents, punitive damages, trade secret protection, and malicious employee poaching. This article highlights five additional cases concerning data scraping, anti-counterfeiting enforcement, online commercial defamation, platform liability, and bad-faith trademark filings.

10 Practical Takeaways from the SPC’s 2025 Typical IP Cases (Part II) More »

10 Practical Takeaways from the SPC’s 2025 Typical IP Cases (Part I)

On April 20, 2026, the Supreme People’s Court of China released its 2025 Typical Intellectual Property Cases. The selected cases cover a broad range of issues, including trademark law, patent litigation, trade secret protection, unfair competition, data rights, platform liability, and anti-counterfeiting enforcement. This article highlights ten practical takeaways that may be relevant to brand owners, technology companies, platform operators, and IP practitioners following developments in Chinese intellectual property law.

10 Practical Takeaways from the SPC’s 2025 Typical IP Cases (Part I) More »

Nanjing Intermediate Court: False AI-Generated Statement that a Lawyer Was Sentenced to Three Years’ Imprisonment Constituted Defamation (Judgment of March 12, 2026)

This case is one of the early Chinese cases involving reputational harm caused by AI-generated search answers and further illustrates the developing judicial approach toward AI hallucination disputes in China.

Nanjing Intermediate Court: False AI-Generated Statement that a Lawyer Was Sentenced to Three Years’ Imprisonment Constituted Defamation (Judgment of March 12, 2026) More »

China IP & AI Quarterly Update — Q1 2026: Key Trends and Practical Considerations

Executive Takeaways: China continues strengthening scrutiny over trademark filings, misleading branding practices, and trademark enforcement; Businesses operating in AI, software, robotics, SaaS, and digital services sectors should reassess trademark coverage under the updated Nice Classification system.

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