1. CNIPA Strengthens Trademark Use Supervision
On Dec 30, 2025, CNIPA issued a circular to tighten trademark use management, targeting 7 major illegal acts to purify the market and protect consumers. Key regulated acts include using deceptive unregistered trademarks, fraudulent use of registered trademarks, passing off unregistered marks as registered ones, and improper use of well-known trademarks in promotions. It also cracks down on illegal use of collective/certification trademarks, failure to use mandatory registered trademarks (e.g., tobacco products), and malicious agency services by trademark firms.
Links: https://www.cnipa.gov.cn/art/2025/11/21/art_75_202674.html
2. China Strengthens IP Protection in Foreign Trade
China's newly revised Foreign Trade Law, effective March 1, 2026, significantly enhances intellectual property protections in international trade. The updated legislation introduces four dedicated articles (Articles 32-35) establishing a comprehensive framework for IP-related trade measures. Key provisions include: strengthened border enforcement against infringing imports; expanded international cooperation and early warning systems for overseas IP risks; prohibitions on abusive licensing practices including no-challenge clauses regarding licensed IP validity, forced package licensing and restrictive grant-back clauses; and retaliatory measures against countries failing to provide adequate IP protection to Chinese entities.
Link: http://www.npc.gov.cn/npc/c2/c30834/202512/t20251227_450709.html
3. Case Data from the Supreme Court IP Tribunal's 2025 Annual Report
According to the Supreme Court IP Tribunal's 2025 report, it accepted 4,679 cases and concluded 3,146 cases in 2025. Since its establishment in 2019, the Tribunal has cumulatively handled 24,602 cases and concluded 23,069 cases. Judicial protection significantly intensified: 30 cases applied punitive damages in 2025, with the average compensation per case being approximately 38 million RMB. A total of 32 cases resulted in high compensation exceeding 10 million RMB each. In terms of case types, patent cases constituted 86.1% of new cases in 2025. The reversal rates for civil and administrative substantive cases in 2025 were 26.3% and 7.9%, respectively. The Tribunal also concluded 475 cases involving foreign parties, reflecting a growing international trust in China's IP judiciary.
Link: https://www.court.gov.cn/zixun/xiangqing/487581.html
4. Impact of Intended Use Features in Medical Device Product Claims on Novelty and Inventiveness Assessment - Case No. (2023) Supreme Court Zhi Xing Zhong No. 475
Unlike pharmaceutical use patent claims, for medical device product patent claims that include therapeutic use features, if the distinguishing technical feature from the prior art lies solely in the therapeutic use, and this distinguishing feature has no impact on the medical device product itself, such a difference generally cannot establish the novelty or inventiveness of the medical device product claim.
5. Applicability of Novelty Grace Period When a Patent Application is Disclosed Without the Applicant’s Consent - Case No. Supreme Court (2020) Zhi Xing Zhong No. 588
The core of the provision regarding "disclosure of the content by others without the applicant’s consent" in the novelty grace period under the Patent Law lies in the unauthorized public disclosure of the invention by others against the applicant’s will. In making a determination, the applicant’s subjective intent and objective conduct may be considered comprehensively—specifically, whether the applicant subjectively intended to disclose the invention or allowed such disclosure to occur, and whether measures were objectively taken to maintain confidentiality, making the invention not easily accessible to the public. If others disclose the content of the invention in breach of an express confidentiality obligation or an implied confidentiality duty arising from social norms or commercial practices, such disclosure constitutes acting against the applicant’s will and falls under "disclosure of the content by others without the applicant’s consent".