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Section 01 / Executive Briefing
- China becomes first country with 5 million+ valid invention patents. At the April 23 State Council press conference, CNIPA reported China crossed the historic milestone of 5 million valid invention patents in force — a landmark measure of the country's transformation into a high-quality innovation powerhouse and a direct signal of intensifying IP competition across every technology sector.
- SPC reports foreign-related IP litigation at all-time peak: 34.1% annual rise. The SPC's April 20 judicial protection status report confirms foreign-related IP cases hit a new record in 2025, with a 34.1% year-on-year increase. Over the full 14th Five-Year Plan period, 49,000 foreign-related IP cases were adjudicated — a 115.9% increase over the prior five-year plan. Chinese courts are actively positioning themselves as globally credible forums for multinational IP disputes.
- SPC releases 10 typical IP cases of 2025 — AI, data rights, and cross-border enforcement highlighted. The cases cover trademark, patent, copyright, trade secret, unfair competition, and data rights, and are drawn from courts at all levels. Several address cutting-edge issues directly relevant to foreign companies operating in China.
- SPP releases 10 typical criminal IP cases — false litigation explicitly targeted. For the first time, the Supreme People's Procuratorate's annual IP case collection specifically designates malicious false IP litigation as a prosecutorial priority, in response to a series of fabricated copyright infringement proceedings used to extract settlement payments.
- CNIPA reports 1.273 million bad-faith trademark applications rejected since 2023. The April 23 press conference disclosed the cumulative scale of the crackdown on speculative and bad-faith filings: 1.273 million such applications rejected and 3,351 registered trademarks invalidated ex officio — the clearest quantification yet of the reform's impact.
- Four-tier framework for emerging field IP protection formalised. CNIPA publicly articulated a structured four-tier policy approach for IP protection in emerging sectors — from applying existing rules, through amending frameworks, integrating regimes, and establishing new mechanisms (including live data IP pilot programmes in 17 provinces and cities).
7
Mainland China
1
Hong Kong SAR
1
Taiwan
—
Macau SAR
02
Legislation & Policy
Mainland China
⭐ Annual Review
CNIPA Press Conference
April 23, 2026
State Council Press Conference: China Crosses 5 Million Valid Invention Patents; 2025 IP Milestones and 2026 Priorities Disclosed
5 M+
Valid invention patents — world first
1.273 M
Bad-faith TM applications rejected since 2023
RMB 37 B+
IP securitisation products issued
The State Council Information Office held its annual IP development press conference on April 23. The session was led by CNIPA Deputy Director Rui Wenbiao, joined by officials from the Central Propaganda Department Copyright Bureau, SAMR, and CNIPA's IP Protection Department. Key disclosures:
Historic patent milestone. China became the first country in the world to exceed 5 million valid invention patents in force, covering frontier areas including quantum technology, biomanufacturing, brain-computer interfaces, and 6G communications. High-value invention patents now stand at 16 per 10,000 people, up from a far lower base five years ago. China's innovation index entered the global top 10 for the first time.
Trademark enforcement scale. Since 2023, CNIPA has rejected 1.273 million bad-faith trademark applications and invalidated 3,351 registered trademarks ex officio. The Trademark Law Revised Draft, which has passed its first NPC Standing Committee reading, adds new provisions targeting "misleading use of registered trademarks" — a provision aimed at holders who register marks without genuine commercial intent but maintain registration to threaten others.
IP financing and securitisation. IP securitisation products issued on the Shanghai and Shenzhen exchanges exceeded RMB 37 billion. IP insurance provided coverage exceeding RMB 100 billion. These figures indicate that the IP-as-financial-asset infrastructure is maturing rapidly, creating new options for IP-intensive companies in financing, M&A, and risk management.
Legislative pipeline. The Anti-Unfair Competition Law amendments and Regulations on the Protection of New Plant Varieties were finalised. The State Council issued its Provisions on the Handling of Foreign-Related IP Disputes. Revisions remain in progress for the Integrated Circuit Layout Design Regulations, the Copyright Law Implementing Regulations, and the National Defense Patents Regulations.
Historic patent milestone. China became the first country in the world to exceed 5 million valid invention patents in force, covering frontier areas including quantum technology, biomanufacturing, brain-computer interfaces, and 6G communications. High-value invention patents now stand at 16 per 10,000 people, up from a far lower base five years ago. China's innovation index entered the global top 10 for the first time.
Trademark enforcement scale. Since 2023, CNIPA has rejected 1.273 million bad-faith trademark applications and invalidated 3,351 registered trademarks ex officio. The Trademark Law Revised Draft, which has passed its first NPC Standing Committee reading, adds new provisions targeting "misleading use of registered trademarks" — a provision aimed at holders who register marks without genuine commercial intent but maintain registration to threaten others.
IP financing and securitisation. IP securitisation products issued on the Shanghai and Shenzhen exchanges exceeded RMB 37 billion. IP insurance provided coverage exceeding RMB 100 billion. These figures indicate that the IP-as-financial-asset infrastructure is maturing rapidly, creating new options for IP-intensive companies in financing, M&A, and risk management.
Legislative pipeline. The Anti-Unfair Competition Law amendments and Regulations on the Protection of New Plant Varieties were finalised. The State Council issued its Provisions on the Handling of Foreign-Related IP Disputes. Revisions remain in progress for the Integrated Circuit Layout Design Regulations, the Copyright Law Implementing Regulations, and the National Defense Patents Regulations.
The 5 million valid patent milestone is not merely symbolic — it means China's patent landscape is now denser, more competitive, and more fully monetised than at any prior point. Companies conducting freedom-to-operate assessments or entering Chinese markets should treat their patent clearance workflows as mission-critical. The growing IP securitisation market also creates new strategic options: IP-intensive Chinese counterparties may increasingly use their portfolios as collateral or deal currency.
Mainland China
Emerging Fields · AI · Data
April 23, 2026
CNIPA Formalises Four-Tier Policy Framework for IP Protection in Emerging Sectors
CNIPA used the April 23 press conference to publicly articulate a structured four-tier policy approach for extending IP protection to AI, data, biotechnology, and new energy sectors where existing legal frameworks are insufficient or unclear.
Tier 1 — Apply existing rules: Illustrated by the revised Patent Examination Guidelines (effective January 1, 2026), which specifically address AI-assisted inventions and ethical considerations in patent examination.
Tier 2 — Amend existing frameworks: Illustrated by the ongoing revision of the Integrated Circuit Layout Design Protection Regulations, which are being updated to reflect the strategic importance of chip IP in the current geopolitical environment.
Tier 3 — Integrate regimes: Patent protection is now available for intermediate breeding materials in a way that connects directly with the plant variety rights system — a significant development for China's seed and agricultural biotech sectors.
Tier 4 — Establish new mechanisms: Data IP pilot programmes are running in 17 provinces and cities, with nearly 50,000 data IP registration certificates issued. These pilots are developing a practical model for how data assets can be registered, valued, and traded as IP — a framework with global implications as other jurisdictions grapple with the same challenge.
Tier 1 — Apply existing rules: Illustrated by the revised Patent Examination Guidelines (effective January 1, 2026), which specifically address AI-assisted inventions and ethical considerations in patent examination.
Tier 2 — Amend existing frameworks: Illustrated by the ongoing revision of the Integrated Circuit Layout Design Protection Regulations, which are being updated to reflect the strategic importance of chip IP in the current geopolitical environment.
Tier 3 — Integrate regimes: Patent protection is now available for intermediate breeding materials in a way that connects directly with the plant variety rights system — a significant development for China's seed and agricultural biotech sectors.
Tier 4 — Establish new mechanisms: Data IP pilot programmes are running in 17 provinces and cities, with nearly 50,000 data IP registration certificates issued. These pilots are developing a practical model for how data assets can be registered, valued, and traded as IP — a framework with global implications as other jurisdictions grapple with the same challenge.
Companies working in AI, data analytics, agricultural biotechnology, or semiconductor design in China should actively monitor all four tiers of this framework. The data IP pilots in particular are moving rapidly from experimental to operational: early participants in the pilot registration system are gaining first-mover positioning in what may become a significant new asset class.
Mainland China
Publicity Week · World IP Day
April 20 & 26, 2026
National IP Publicity Week Opens in Beijing; WIPO Director General Delivers Video Address; World IP Day Marks "IP and Sports"
The flagship event of the 2026 National IP Publicity Week was held in Beijing on April 20, organised by CNIPA, the CPC Central Committee Publicity Department, and SAMR, with participation from more than 20 central government bodies including the SPC, the Ministry of Commerce, the General Administration of Customs, and the Ministry of Industry and Information Technology. WIPO Director General Daren Tang delivered a video address, and CNIPA Commissioner Shen Changyu gave the keynote address, outlining China's IP performance across the 14th Five-Year Plan and the 15th Five-Year Plan (2026–2030) priorities. Fifteen sub-venues across 11 cities were connected to the Beijing main venue via video link.
On April 26 — World IP Day 2026 — CNIPA held its annual Open Day event at its Beijing headquarters, with Commissioner Shen noting that CNIPA's 21st consecutive open day event marked a new era of public engagement. The WIPO global theme for 2026, "IP and Sports," was integrated into activities across all four Greater China jurisdictions.
On April 26 — World IP Day 2026 — CNIPA held its annual Open Day event at its Beijing headquarters, with Commissioner Shen noting that CNIPA's 21st consecutive open day event marked a new era of public engagement. The WIPO global theme for 2026, "IP and Sports," was integrated into activities across all four Greater China jurisdictions.
03
Enforcement & Administration
Mainland China
Criminal IP · SPP
April 22, 2026
SPP Releases 10 Typical 2025 Criminal IP Cases — False Litigation Emerges as an Explicit Prosecutorial Priority
The Supreme People's Procuratorate released its 2025 Typical Cases of Intellectual Property Protection by Procuratorial Organs on April 22. The ten cases span administrative protest proceedings, civil litigation supervision, criminal prosecution, and administrative public interest litigation across trademark, copyright, trade secret, and geographical indication enforcement.
The most significant innovation in this year's selection is the inclusion of a case targeting false IP litigation as a distinct category of prosecutorial concern. In the highlighted matter, a series of bad-faith copyright infringement proceedings was orchestrated by fabricating both the ownership and the infringement facts, with the intent to extract settlements from defendants who would rather pay than litigate. The Henan procuratorate ultimately issued 39 prosecutorial suggestions for retrial across a coordinated series of such false cases. The Beijing Chaoyang District Procuratorate brought criminal prosecutions against four defendants for copyright infringement involving fabricated claims; sentences ranging from four years to ten months in prison were handed down in late 2025 and early 2026.
A notable administrative development in the same release: the Chengdu–Chongqing trademark invalidation protest case examined the distinction between "prior rights" under Article 32 of the Trademark Law and the "prior use" defence under Article 59(3) — a recurring ambiguity in trademark invalidation proceedings.
The most significant innovation in this year's selection is the inclusion of a case targeting false IP litigation as a distinct category of prosecutorial concern. In the highlighted matter, a series of bad-faith copyright infringement proceedings was orchestrated by fabricating both the ownership and the infringement facts, with the intent to extract settlements from defendants who would rather pay than litigate. The Henan procuratorate ultimately issued 39 prosecutorial suggestions for retrial across a coordinated series of such false cases. The Beijing Chaoyang District Procuratorate brought criminal prosecutions against four defendants for copyright infringement involving fabricated claims; sentences ranging from four years to ten months in prison were handed down in late 2025 and early 2026.
A notable administrative development in the same release: the Chengdu–Chongqing trademark invalidation protest case examined the distinction between "prior rights" under Article 32 of the Trademark Law and the "prior use" defence under Article 59(3) — a recurring ambiguity in trademark invalidation proceedings.
Companies that have received IP demand letters or faced infringement proceedings in China over the past two years — particularly claims involving copyright or trademark matters where the claimant has a thin ownership chain or implausible filing history — should assess whether the pattern matches the false litigation model now targeted by the SPP. Defendants in such proceedings now have additional recourse through the procuratorial supervision channel.
Mainland China
Administrative Enforcement
April 23, 2026 (2025 annual data)
2025 Administrative IP Enforcement: 37,000 Patent and Trademark Violation Cases; 38,000 Customs Seizure Batches; 19,000 Criminal Convictions
The April 23 press conference disclosed comprehensive 2025 enforcement statistics across all channels. Market regulation authorities handled 37,000 cases involving patent and trademark violations. IP administrative adjudication bodies concluded 9,341 patent infringement dispute cases and guided mediation of 62,000 IP-related disputes. Copyright enforcement authorities investigated 2,713 piracy and counterfeiting cases in physical (non-digital) markets. Customs authorities detained 38,000 batches of suspected infringing goods at the border, containing approximately 75.75 million items. On the criminal side, prosecutorial authorities brought charges against 19,000 individuals for IP crimes — a 6.2% year-on-year increase — and courts across China concluded approximately 540,000 IP cases of all categories. The aggregate data confirms that China's IP enforcement system, across its administrative, civil, and criminal channels, is operating at a scale that few other jurisdictions can match.
04
Courts & Key Decisions
Mainland China
⭐ Annual Report
SPC · Foreign-Related
April 20, 2026
SPC Releases "Status of Judicial IP Protection 2025" — Foreign-Related Cases at All-Time Peak; China Courts Now Co-Shaping Global IP Rules
At its National IP Publicity Week press conference on April 20, the SPC released the Status of Judicial Protection of Intellectual Property Rights by Chinese Courts (2025). Vice President Tao Kaiyuan presented the report's key findings.
Foreign-related IP litigation at an all-time peak. Foreign-related IP cases increased 34.1% year on year in 2025, reaching record levels. Over the full 14th Five-Year Plan period (2021–2025), Chinese courts adjudicated 49,000 foreign-related IP cases — a 115.9% increase compared with the 13th Five-Year Plan period (2016–2020). The SPC attributes this growth not only to increased volume but to the growing confidence of foreign entities in the fairness and reliability of China's judicial system. This trend suggests that for many multinational IP holders, Chinese courts are no longer a forum to be avoided but one to be strategically engaged.
Chinese courts as global IP rule-setters. In a noteworthy statement of institutional ambition, the report characterises Chinese courts as transitioning from "followers" of international IP rules to active "contributors" to global IP governance. As a concrete marker, 66 Chinese judicial decisions were newly incorporated into the WIPO Lex database in 2025 — an achievement recognised as one of China's top ten international rule-of-law communications that year. This development has practical implications: Chinese judicial precedent on issues such as post-filing data in pharmaceutical patents, AI-generated content copyright, SEP FRAND determination, and trade secret burden-shifting is increasingly being referenced in proceedings outside China.
Foreign-related IP litigation at an all-time peak. Foreign-related IP cases increased 34.1% year on year in 2025, reaching record levels. Over the full 14th Five-Year Plan period (2021–2025), Chinese courts adjudicated 49,000 foreign-related IP cases — a 115.9% increase compared with the 13th Five-Year Plan period (2016–2020). The SPC attributes this growth not only to increased volume but to the growing confidence of foreign entities in the fairness and reliability of China's judicial system. This trend suggests that for many multinational IP holders, Chinese courts are no longer a forum to be avoided but one to be strategically engaged.
Chinese courts as global IP rule-setters. In a noteworthy statement of institutional ambition, the report characterises Chinese courts as transitioning from "followers" of international IP rules to active "contributors" to global IP governance. As a concrete marker, 66 Chinese judicial decisions were newly incorporated into the WIPO Lex database in 2025 — an achievement recognised as one of China's top ten international rule-of-law communications that year. This development has practical implications: Chinese judicial precedent on issues such as post-filing data in pharmaceutical patents, AI-generated content copyright, SEP FRAND determination, and trade secret burden-shifting is increasingly being referenced in proceedings outside China.
Foreign companies that have historically avoided initiating IP litigation in China due to concerns about judicial impartiality should reassess this position in light of current data. Chinese courts are now one of the world's most active IP jurisdictions. More importantly, they are increasingly setting precedents — on pharmaceutical patents, AI, data rights, and SEPs — that will shape international IP norms. Not engaging with the Chinese judicial system is itself a strategic choice that requires justification.
Mainland China
SPC · Typical Cases
April 20, 2026
SPC Releases 10 Typical IP Cases of 2025 — AI Defamation, Data Rights, Platform Liability, and Cross-Border Enforcement Featured
The SPC released its annual selection of Typical Intellectual Property Cases of People's Courts in 2025 on April 20, drawn from courts at all levels spanning ten subject matter areas. Several of the 10 cases address issues directly relevant to foreign rights holders and to the digital economy more broadly.
AI-generated false statements and personality rights. The Nanjing Intermediate Court case involving a false AI-generated statement that a lawyer had been sentenced to prison for three years was designated as a typical case, confirming that personality rights claims lie in Chinese courts for AI-generated defamatory content — with implications for companies deploying generative AI in marketing, legal research, or information services in China.
Data rights disputes. At least one case addresses the ownership and transaction of data assets, providing early judicial guidance on a highly contested area where legislation remains incomplete. The SPC's willingness to adjudicate data ownership disputes in advance of a comprehensive legal framework reflects the court's activist posture on emerging technology issues.
Platform liability and anti-counterfeiting enforcement. E-commerce platform liability for third-party trademark and copyright infringement continues to generate caselaw at all court levels; the selected cases provide the clearest current guidance on where platform liability begins and ends in China's digital commerce environment.
AI-generated false statements and personality rights. The Nanjing Intermediate Court case involving a false AI-generated statement that a lawyer had been sentenced to prison for three years was designated as a typical case, confirming that personality rights claims lie in Chinese courts for AI-generated defamatory content — with implications for companies deploying generative AI in marketing, legal research, or information services in China.
Data rights disputes. At least one case addresses the ownership and transaction of data assets, providing early judicial guidance on a highly contested area where legislation remains incomplete. The SPC's willingness to adjudicate data ownership disputes in advance of a comprehensive legal framework reflects the court's activist posture on emerging technology issues.
Platform liability and anti-counterfeiting enforcement. E-commerce platform liability for third-party trademark and copyright infringement continues to generate caselaw at all court levels; the selected cases provide the clearest current guidance on where platform liability begins and ends in China's digital commerce environment.
The 10 typical cases function as the SPC's most authoritative current signals of judicial direction. Foreign companies with China operations should review the full case summaries — particularly those dealing with data rights and AI-generated content — as these cases will directly influence lower-court decisions and CNIPA administrative adjudications in the months ahead.
Mainland China
SPC · Legal Issues
April 21, 2026
SPC Publishes 2025 Annual Report on IP Legal Application Issues — 45 Issues Identified; Foreign-Related Service of Process Addressed
On April 21, the SPC published its Summary of the Annual Report on Legal Application Issues in Intellectual Property Cases Heard by Courts Nationwide (2025), identifying 45 distinct legal application issues drawn from IP cases across all court levels in 2025. The issues are organised across nine categories: patent civil and administrative cases, trademark civil and administrative cases, copyright, competition (unfair competition and anti-monopoly), new plant varieties, IC layout design, technology contracts, criminal IP cases, and IP litigation procedure and evidence.
Of particular practical relevance to foreign rights holders: the seventh representative issue addresses service of process on foreign parties in foreign-related patent administrative litigation. The SPC has adopted a more pragmatic standard, stating that when serving difficult-to-locate foreign parties, courts should balance the principle of exhausting available service methods against the risk of indefinitely delaying proceedings — effectively permitting courts to proceed with public notice service after reasonable but not exhaustive efforts to serve abroad. This is a significant procedural shift for foreign parties who may not have strong China-based representation.
Of particular practical relevance to foreign rights holders: the seventh representative issue addresses service of process on foreign parties in foreign-related patent administrative litigation. The SPC has adopted a more pragmatic standard, stating that when serving difficult-to-locate foreign parties, courts should balance the principle of exhausting available service methods against the risk of indefinitely delaying proceedings — effectively permitting courts to proceed with public notice service after reasonable but not exhaustive efforts to serve abroad. This is a significant procedural shift for foreign parties who may not have strong China-based representation.
Foreign patent holders who are parties to Chinese administrative litigation proceedings — including CNIPA patent invalidation appeals — should review their China representation arrangements in light of the updated service of process standard. Failure to maintain active Chinese counsel or a registered Chinese address could result in proceedings advancing to judgment without adequate notice.
05
Industry, Market & Emerging Issues
Hong Kong SAR
World IP Day · IP Hub
April 26, 2026
Hong Kong Marks World IP Day with Sports IP Forum; IPD Advances Arbitration and Mediation Infrastructure for Regional IP Disputes
Hong Kong's Intellectual Property Department (IPD) and the Hong Kong Trade Development Council (HKTDC) marked World IP Day 2026 with a sports-themed IP forum aligned with WIPO's "IP and Sports" global theme, addressing licensing, image rights, broadcasting IP, and the growing market for sports-related non-fungible tokens and digital memorabilia in Asia. The forum attracted participation from sports organisations, brands, broadcasters, and IP practitioners, and highlighted Hong Kong's comparative advantage as a common law jurisdiction with internationally recognised contract enforcement and dispute resolution infrastructure. In parallel, HKIAC continued advancing its dedicated IP arbitration and mediation offerings, positioning Hong Kong as the natural neutral venue for cross-border IP disputes between Mainland Chinese entities and international counterparties — a role that is becoming more commercially significant as Chinese companies expand overseas and as Mainland-sourced IP becomes a larger share of global licensing activity.
Taiwan
World IP Day · TIPO
April 26, 2026
Taiwan TIPO Celebrates World IP Day with Focus on Sports and Creative Industries; New Plant Variety Protection Statistics Released
Taiwan's Intellectual Property Office (TIPO) hosted World IP Day 2026 events themed on sports and creative industries, consistent with WIPO's global theme. TIPO also released updated plant variety protection statistics for Q1 2026, reflecting sustained filing growth from domestic agricultural research institutions and a small but growing number of international applications from Japanese and Dutch breeders — a pattern consistent with Taiwan's active participation in the UPOV system. TIPO's programme of bilateral IP cooperation agreements with ASEAN partner offices continued to advance, extending the regional IP infrastructure available to Taiwanese enterprises expanding into Southeast Asia.
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Macau SAR
MacauApril 20–26, 2026
No significant IP policy, legislative, or enforcement announcements were issued by Macao's Economic and Technological Development Bureau (DSEDT) during this reporting period. World IP Day 2026 activities were observed. For Macau-specific IP matters, please contact foridom@foridom.com.
📅 Upcoming Dates & Key Deadlines
May 1
Fa Shi [2026] No. 7 takes effect this week. The revised SPC Punitive Damages Interpretation for IP civil disputes is now operative. Final litigation strategy alignment required immediately. China
Jun 1
SAMR Trade Secret Protection Regulations take effect — administrative enforcement route alongside civil and criminal channels; injunctions and fines up to RMB 5 million. China
H2 2026
Trademark Law (Amendment) — second NPC Standing Committee reading expected. Monitor bad-faith filing provisions and "misleading use" additions closely. China
Ongoing
Data IP pilot programmes — 17 provinces and cities; nearly 50,000 registration certificates issued. Watch for national-level framework legislation to follow. China
Ongoing
Integrated Circuit Layout Design Regulations revision in progress — strategic priority for semiconductor IP holders. China
Publication
Greater China IP Watch, Issue No. 03
Reporting period: April 20–26, 2026
Published: Monday, April 27, 2026
Reporting period: April 20–26, 2026
Published: Monday, April 27, 2026
Prepared & Proofread by
Foridom IP Law Firm (百一知识产权)
Proofread by: Wiky Wang, Attorney at Law
Proofread by: Wiky Wang, Attorney at Law
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Coverage & Sources
Mainland China · Hong Kong SAR · Taiwan · Macau SAR
Primary: CNIPA, SPC, SPP, TIPO, IPD, DSEDT
Media: chinaiplawupdate.com, IAM, Managing IP, NLR
Primary: CNIPA, SPC, SPP, TIPO, IPD, DSEDT
Media: chinaiplawupdate.com, IAM, Managing IP, NLR