Greater China IP update - October 2026

Welcome to the third edition of the Marks & Clerk Greater China IP Update. In this issue, we highlight significant developments across China's intellectual property landscape, including trade mark enforcement, patent litigation, AI innovation, pharmaceutical regulation, and green technology. We also examine several recent court decisions and enforcement actions that provide practical guidance for rights holders operating in Greater China.

We hope these updates help you navigate the evolving IP environment and identify opportunities to strengthen and protect your intellectual property strategy.

Latest Updates

From a Bowl of Noodles to a Four-Petal Flower: Implications on Trade Mark Enforcement in China Today

This article examines China's evolving brand enforcement landscape and its potential causes by analysing two recent high-profile trade mark infringement cases that sparked nationwide debate. The analysis also offers practical considerations on enforcement strategies for international brand owners seeking to protect their marks in the current Chinese context. Read the full article in the link here.

China’s Grasp of the Future: Now the World’s Leading AI Patent Holder

China has become the world’s leading filer of artificial intelligence patents. Its growth has been driven by substantial government investment and increased research and development by technology companies and institutions. This development highlights the strategic role of IP in shaping future AI standards, competition and innovation. Read the full article in the link here.

China’s New Trade mark Law: Incremental Improvement Focused on Use and Protection

Recent developments in China’s Trade mark Law continue to emphasise genuine use in commerce. The changes seek to reduce trade mark squatting and strengthen enforcement for legitimate brand owners, especially well-known marks, and raise compliance standards through stricter administrative mechanisms. Together, they represent incremental progress towards a more balanced trade mark protection system. Read the full article in the link here.

Tackling Malicious Patent & Design Litigation: Insights from China's SPP

China’s Supreme People’s Procuratorate has issued a collection of typical cases addressing malicious IP litigation. The cases provide practical models for identifying and preventing the abuse of IP proceedings for improper purposes. They aim to support a fairer enforcement environment that protects genuine innovation. Read the full article in the link here.

Strengthening Innovation: China’s New Era of Drug Regulatory Data Protection

On 15 May 2026, China officially launched its comprehensive Drug Regulatory Data Protection (RDP) regime. Designed to foster pharmaceutical innovation and align with international standards, the new framework establishes a three-tiered protection system offering 3, 4, or 6 years of regulatory data exclusivity based on drug category. This regime introduces a critical "dual-moat" strategy for rights holders, allowing pharmaceutical companies to layer administrative data protection over existing patent rights to safeguard products against early generic entry. Read the full article in the link here.

China’s IP Response in Environmental and Climate Action

China is increasingly using its IP system to support green technology and climate action, accelerating the transition to a low-carbon economy. Measures include the expedited examination of patents and trade marks for renewable energy inventions and brands, the establishment of judicial guidelines for carbon trading and environmental resource cases, and the environmental considerations in enforcement. Read the full article in the link here.

Supreme People's Court Releases 2025 Intellectual Property Typical Cases: Guidance on Patent Claim Interpretation in Logic Circuits

The Supreme People’s Court’s 2025 selection of typical IP cases provides guidance on significant patent and trade mark issues. One notable decision addresses interpretation of patent claims in the technically complex field of logic circuits. The ruling may help promote greater predictability in determining patent scope and whether another technical solution falls within the same scope. Read the full article in the link here.

DJI Sues Yingshi Innovation Over Patent Ownership Dispute

This article examines a patent ownership dispute between DJI and Yingshi Innovation in the drone and technology sector. The case highlights the commercial importance of clear ownership of inventions when employees move between competitors in rapidly developing technology markets. It also underlines the need for robust assignment agreements and IP due diligence. Read the full article in the link here.

Cross-Examination Triumphs: Bad Faith Exposed

This article explores the role of cross-examination in trade mark opposition, invalidation and revocation actions at the Registry level involving allegations of bad faith. Recent examples show how effective questioning can expose deceptive conduct and unreliable evidence. The cases demonstrate the importance of thorough investigation and strategic evidence presentation in protecting IP rights. Read the full article in the link here.

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