The two high courts issued the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringing Intellectual Property Rights

On April 24th, 2025, the Supreme People's Court and the Supreme People's Procuratorate jointly held a press conference to release the 'Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Intellectual Property Rights Infringement' and typical cases of intellectual property criminal protection, and to answer journalists' questions. The Criminal Law Amendment (XI), implemented in 2021, made significant revisions to intellectual property crimes, adding new types of offenses, refining the criteria for criminalization, and introducing new offenses. The release of this interpretation by the Supreme People's Court and the Supreme People's Procuratorate marks a major step by China's top judicial authorities to implement the central government's strategy to strengthen IP protection. It also meets the practical needs of legally punishing intellectual property crimes and maintaining market economic order.

Based on the Criminal Law Amendment (XI), this 'Interpretation' provides a comprehensive and systematic explanation of intellectual property crimes, incorporating and integrating the effective provisions of the previous three judicial interpretations, while repealing the previous three interpretations to facilitate judicial practice, standardize the handling of criminal cases, ensure uniform application standards, and create a favorable legal environment for innovation and creativity.

ZLWD Commentary：

The release of the 'Interpretation' by the Supreme People's Court and the Supreme People's Procuratorate highlights the judicial system's strong emphasis on criminal protection of intellectual property rights. It also serves as a concrete and systematic response to the substantive content of the Criminal Law Amendment (XI). By consolidating previously scattered interpretative documents and standardizing legal application, this move aims to enhance judicial efficiency and fairness, and to increase the predictability of the law. This not only addresses the practical needs of innovators for legal protection but also sends a clear message of' severe punishment for infringement and protection of innovation,' which is significant for optimizing the business environment and promoting high-quality development.

The Intellectual Property Tribunal of the Supreme Court of China released an annual report and a summary of its judgments

On April 24th, 2025, the Intellectual Property Tribunal of the Supreme People's Court released its annual report (2024) and a summary of key judicial decisions (2024). From the 4,213 cases concluded in 2024, the tribunal selected 157 cases and distilled 190 key points into the' Summary of Key Judicial Decisions of the Intellectual Property Tribunal of the Supreme People's Court (2024).' This document highlights the tribunal's judicial philosophy, trial approaches, and decision-making methods in technology-related intellectual property and monopoly cases, offering guidance for researchers, practitioners, and the general public.

ZLWD Commentary：

The annual report and summary of the key points of the judgments issued by the Intellectual Property Tribunal of the Supreme People's Court will help improve judicial transparency and predictability, and is an important measure to strengthen judicial guidance on intellectual property and serve the innovation-driven strategy.

The State Intellectual Property Office has released a draft of the Patent Examination Guidelines for public comment

On April 30, 2025, to further implement President Xi Jinping's important instructions on intellectual property work and the decisions and plans of the CPC Central Committee and the State Council, and to enhance legal protection for intellectual property, the National Intellectual Property Administration, after thorough research, has focused on the development of new industries and business models. In response to the reasonable demands of innovation entities regarding patent examination, authorization, and confirmation, the Administration has drafted the' Draft Amendment to the Patent Examination Guidelines (for Public Comment)' and has opened the draft for public comment.

ZLWD Commentary：

The State Intellectual Property Office (SIPO) has now opened a public consultation on the revision of the 'Patent Examination Guidelines,' reflecting a shift in policy from serving examiners to serving innovators. By focusing on new fields and emerging industries and addressing the concerns of innovation entities, this initiative is a significant step in optimizing the business environment and enhancing the quality and transparency of patent examinations. Public consultations help gather diverse insights, enhance the foresight and inclusiveness of the system, and lay a solid foundation for establishing a more scientific, reasonable, and technology-adaptive patent examination mechanism.

The China National Association of Patent Agents issued a notice on the List of Prohibited Professional Activities of Patent Agents

On May 15th, 2025, the China National Association of Patent Agents issued a notice titled "List of Prohibited Professional Conduct in Patent Agency" (hereinafter referred to as the "List"). The List outlines 20 specific prohibited practices, covering three main areas: First, regarding the legality of agency business. This includes engaging in abnormal patent applications that severely harm the rights and interests of clients, renting or lending patent agency qualifications, patent agents holding certificates without authorization, refusing to accept sub-decisions from clients, subcontracting to third parties without client consent, applying for patents or declaring invalidity under one's own name or by borrowing or impersonating others' names, forging or altering legal documents, invoices, or signatures, abusing legal procedures or litigation procedures, and maliciously filing complaints to disrupt the examination order.

Second, regarding standardized business competition. This includes false advertising such as "fast authorization" and "guaranteed authorization," fraudulent defamation, malicious low-price competition, and other unfair competitive practices, as well as explicitly or implicitly indicating a special relationship with administrative staff, and bribing or transferring benefits to personnel involved in examination or management. Third, regarding internal management of agency institutions. This includes failing to fulfill due diligence obligations, not adhering to confidentiality obligations, failing to review conflicts of interest, and signing responsibilities, illegally hiring relevant personnel, and failing to timely and properly handle unfinished patent agency business after the agency lacks the necessary qualifications.

ZLWD Commentary：

The introduction of the 'List of Prohibited Practices in Patent Agency' marks a new phase of more standardized and refined governance in the patent agency sector. By listing 20 specific prohibitions, it directly addresses current industry issues, helping to purify the professional environment, strengthen professional discipline, and protect the legitimate rights and interests of clients. In particular, the explicit prohibition of practices such as 'certificate hanging,'  'subcontracting,' and 'quick authorization' addresses long-standing concerns about agency quality and integrity. This measure not only enhances the overall professional standards of the industry but also lays the groundwork for building an open, fair, and just intellectual property service system.

The Summit on the Construction of Digital China has set up an intellectual property sub-forum for the first time, focusing on data intellectual property rights

On April 29th, the 'Digital China and Intellectual Property Sub-forum' of the 8th Digital China Construction Summit was successfully held in Fuzhou, Fujian. This marked the first time the summit included an intellectual property sub-forum. Deputy Director Lu Pengqi of the National Intellectual Property Administration and Vice Governor Li Xinghu of Fujian Province attended and delivered speeches. The forum, themed 'The Future is Here: Intellectual Property for the Digital Age,' released the second batch of ten typical cases of data intellectual property registration. Experts from government, judiciary, universities, and enterprises engaged in a deep discussion on the role of the intellectual property system in the development of Digital China. During the forum, a pilot meeting for data intellectual property was also held, with Deputy Director Lu Pengqi attending and speaking. Over 200 guests from relevant departments of the National Intellectual Property Administration, local intellectual property offices, academia, and the business community participated in this event.

ZLWD Commentary：

The Digital China Construction Summit has, for the first time, established a sub-forum on intellectual property rights, signaling that the national level's forward-looking attention to data IP protection has entered the institutional exploration phase. As the digital economy rapidly evolves, the traditional IP system faces challenges in adapting to these changes. The forum focuses on data ownership, registration, and protection, clearly indicating a push for rule innovation and enhanced institutional support. By simultaneously releasing typical cases and pilot projects, it lays the groundwork for building a data IP protection framework with Chinese characteristics, which will also help transform digital resources into genuine' digital assets.'

The European Patent Office held a meeting to review the 2025 review guidelines and launch the 2026 revision cycle

On May 8th, 2025, the Standing Advisory Committee of the European Patent Office (EPO) convened its first annual meeting to review public feedback on the 2025 European Patent Convention Guidelines, the PCT-EPO Guidelines, and the Unified Patent Guidelines. A total of 303 comments were received, and the EPO provided preliminary responses in advance to facilitate focused discussions. The EPO outlined plans for revising the 2026 guidelines, which will include restructuring certain sections, introducing references to decisions from the Unified Patent Court, and incorporating legal changes to support digital transformation, such as electronic priority documents and AI-assisted records. The Unified Patent Guidelines will also introduce new content on oral proceedings and payment deadlines. Participants also discussed cutting-edge topics like antibody patents and AI-invented disclosures. The revised draft will be shared before summer, and the full feedback results will be published on the EPO's official website in the fall of 2025.

ZLWD Commentary：

The European Patent Office (EPO) 's meeting highlighted its commitment to public feedback and its swift response to institutional updates, demonstrating the EU's transparency and forward-thinking approach in patent governance. The meeting focused on key issues such as unified patents, AI inventions, and digital reforms, indicating that the EPO is proactively addressing new challenges posed by technological advancements to the examination system. By introducing unified patent court rulings and electronic priority mechanisms, the EPO aims to enhance the consistency and efficiency of the examination process, providing valuable insights for countries like China in building a digital and intelligent patent examination system.

Xiaomi was ordered to pay 30 million yuan in damages for trademark infringement and unfair competition

In April 2025, the Shanghai Intellectual Property Court issued a series of rulings on four well-known trademark cases involving 'Xiaomi,'  'Mercury Home Textiles,' and 'Mizuno.' In the 'Xiaomi' case, the court recognized the 'Xiaomi' trademark (No.8228211) and the 'MI' graphic trademark (No.8911270) as well-known trademarks and legally applied punitive damages, supporting Xiaomi's claim for 30 million yuan in economic losses and reasonable expenses. L Company and H Company used similar marks such as' Xiaomi Zero Degree 'and' Xiao Ai Xiao Ai 'on products like smart toilets and showerheads, and authorized the use of related trademarks registered by Su Mou, which constituted trademark infringement and unfair competition.

The court ruled that the' Xiao Ai Xiao Ai' voice activation command was sufficient to mislead consumers into believing it was in a cooperative relationship with Xiaomi. The court ordered L Company and Su Mou to cease the infringement and provide compensation, with Xiaomi receiving 30 million yuan in damages, and H Company bearing joint liability for 200,000 yuan. This case reinforced the cross-class protection of well-known trademarks and the regulation of unfair competition in the field of voice recognition.

ZLWD Commentary：

The ruling in the 'Xiaomi' trademark case not only highlights the judicial efforts to protect well-known trademarks across different categories but also sends a strong message against brand impersonation and unfair free-riding tactics. The court's regulation of misleading use of' voice wake-up commands 'expands the technical boundaries of unfair competition reviews, addressing new consumer confusion risks in the era of smart devices. Full support for punitive damages underscores the judiciary's commitment to protecting the legitimate rights of right holders and serves as a deterrent to market entities, fostering a fair, competitive, and orderly business environment.