We are pleased to introduce the inaugural edition of Marks & Clerk’s Greater China IP Update, a dedicated publication offering insights, updates, and expert commentary on the evolving IP landscape across Greater China.
In this edition, the newsletter features the recent developments including new regulations on trademark invalidation, increased scrutiny of anti-unfair competition laws addressing the digital economy, updates on the new forms introduced by the Hong Kong IP Department, and the launch of expedited patent pre-examination in China, among others.
We hope this newsletter becomes a valuable resource for navigating the dynamic IP environment in Greater China. Thank you for joining us on this journey, we look forward to sharing our insights with you.
Please share your feedback or get in touch with our Greater China IP team to discuss how we can support your business.
Legal Updates
- On 26 May, 2025, the China National Intellectual Property Administration (CNIPA) released a revised Guide for Filing Applications to Cancel Registered Trade Marks on Grounds of Non-Use for Three Consecutive Years: The revised guide stipulates that applicants must provide preliminary evidence, such as search results or market surveys, to demonstrate a trade mark's non-use for three years. Acceptable evidence includes information on the registrant's business operations and online or on-site investigative materials. Since early 2025, CNIPA has demanded detailed evidence in cancellation applications, including company registration details and on-site survey reports for local registrants. Although the revised Guide aims to clarify requirements, it does not fully reflect the stringent documentation practices noted in recent months, such as the need the submit the Letter of Undertaking. Please see the full article in the link here.
- The amended Anti-Unfair Competition Law of China, effective 15 October, 2025, addresses digital economy challenges and introduces long-arm jurisdiction to tackle unfair practices: Adopted on June 27, 2025, by the Standing Committee of the National People’s Congress, the revision targets data misuse, fake transactions, forced under-pricing by platforms, and abuse of advantageous positions by large enterprises. Key amendments include prohibiting illegal data acquisition and fake reviews, regulating platform-forced below-cost sales, and expanding the scope of confusing acts to include unauthorized use of social media and trade names. Fines for unfair practices are increased, with personal liability imposed on key individuals. The law extends to acts outside China affecting its domestic market, enhancing oversight of platform economies and fair competition standards in the digital era. Please see the full article in the link here.
- A new set of Trade Marks Forms, Patents Forms and Design Forms was launched by the Intellectual Property Department of Hong Kong on 16 May, 2025: One of the major updates in the new set of forms is a new requirement of a declaration for an agent’s confirmation of its local physical presence. According to the relevant statutory requirements, an agent must have a residence or a place of business in Hong Kong which typically refers to an office or any premises used, whether exclusively or not, for carrying on business activities of the agent. An address of a P.O. Box or a virtual office, a “care of” or address or any other address used solely for forwarding mails does not qualify as a place of business under the law. This major update also reflects the Registry’s current practice relating to unacceptable addresses and requirement of valid written proof of local residence or place of business.
- CNIPA Proposes Stricter Disclosure Rules for AI Patents: On 30 April, 2025, the China National Intellectual Property Administration (CNIPA) published a draft amendment to the Patent Examination Guidelines introducing more detailed disclosure requirements for patent applications involving artificial intelligence. Applicants are generally required to disclose essential components for inventions covering the construction or training of AI models, including model modules, layer hierarchies, inter-layer connections, and specific training procedures and parameters. This initiative is the next step in CNIPA’s efforts to regulate AI innovation. While the previous guidelines offered soft guidance, the proposed amendments would establish explicit and enforceable obligations. The aim is to enhance transparency and ensure the technical sufficiency of AI-related patent filings.
- China Enhances Foreign-Related IP Framework: With effect from 1 May, 2025, the State Council's Regulations on the Handling of Foreign-related Intellectual Property Disputes will oblige government agencies to establish an overseas IP intelligence and legal aid system. These agencies will publish regular updates, provide guidance on cases, encourage mediation and arbitration, and support the offshore expansion of Chinese law firms. Enterprises will receive support in the form of mutual-aid funds and dedicated insurance. The regulations also oblige businesses to strengthen their internal IP governance and to subject cross-border evidence transfers to reviews regarding state secrets, data security and export controls. Additionally, the Ministry of Commerce may investigate infringing imports or restrictive licensing practices, and where the statutory conditions are met, apply proportionate trade remedies to safeguard fair competition.
- Beijing Issues Consolidated Interpretation on IP Crimes: On 24 April, 2025, China’s Supreme People’s Court and Supreme People’s Procuratorate jointly issued a new, comprehensive judicial interpretation on criminal IP infringement, which came into effect on 26 April, 2025. This document implements Criminal Law Amendment XI, replacing the IP interpretations from 2004, 2007 and 2020, and aligning national practice. It lowers prosecution thresholds and clarifies how to calculate 'illegal gains'. Highlights include clearer rules on counterfeit service marks, patent counterfeiting, online piracy and trade secret theft. Nine illustrative cases, ranging from fake LEGO training centres to new-energy battery espionage, underscore Beijing’s resolve to prioritise criminal enforcement in its innovation strategy.
- Mainland China’s Patent Pre-examination System Accessible by Hong Kong Companies: Effective 30 June, 2025, Hong Kong businesses and research institutions can now use China’s national expedited patent pre-examination programme. Through the Shenzhen Intellectual Property Protection Center, eligible inventions in the fields of new energy, the Internet, high-end equipment manufacturing, and jewellery processing may be pre-examined. Once a request is approved, the corresponding patent application moves into accelerated substantive examination at the China National Intellectual Property Administration (CNIPA). The extension of this service to Hong Kong is part of the 16 Co-operation for the Development of the Qianhai Shenzhen-Hong Kong Intellectual Property and Innovation Hub, strengthening cross-border IP collaboration and helping Hong Kong innovators bring their technologies to market on the mainland more quickly. From 30 June, 2025 onwards, Hong Kong businesses and research institutions will be able to use China’s national expedited patent pre-examination programme. Eligible inventions in the fields of new energy, the internet, high-end equipment manufacturing and jewellery processing may be pre-examined through the Shenzhen Intellectual Property Protection Centre. Once a request is approved, the corresponding patent application will move into an accelerated substantive examination process at the China National Intellectual Property Administration (CNIPA). Extending this service to Hong Kong is part of the 16 Cooperation Projects for the Development of the Qianhai Shenzhen-Hong Kong Intellectual Property and Innovation Hub, which strengthens cross-border IP collaboration and helps Hong Kong innovators bring their technologies to market more quickly on the mainland.