Guidance

China Intellectual Property newsletter (May 2026）

Updated 8 June 2026

This is an ad-hoc newsletter to inform UK stakeholders of recent developments in the Chinese IP environment. The content is collected from publicly available sources, where information is often available in Chinese only. Please feel free to forward this newsletter, and contact Leo.Zhuang@fcdo.gov.uk to be added to/removed from the distribution list. An ODT version is available on the Embassy’s IP webpage

POLICY & GOVERNMENT

China’s legislative priorities in 2026

On 11 May, China released its annual legislative plans through the National People’s Congress Standing Committee (NPCSC) and the State Council, setting out key priorities for the year ahead. Under the NPCSC’s legislative plan, the draft amendment to the Trade Mark Law has been scheduled for second review in 2026. This follows its first review in December 2025, after which the draft was published for public consultation. Separately, the State Council’s legislative plan categorises the Implementing Regulations of the Copyright Law as a “proposed revision under preparation.” This has remained unchanged since the project was first included in the legislative plans in 2023. A further noteworthy development concerns the Regulations on Copyright Collective Management. This instrument had been included in the State Council’s legislative plans from 2023 to 2025, consistently under the same “proposed revision under preparation” category. However, its absence from the 2026 plan may signal a shift in priorities. Read China Legislative Work Plan 2026 in Chinese

China unveils IP Powerhouse Implementation Plan 2026

On 11 May, China’s State Council released the 2026 Implementation Plan for Building an Intellectual Property Powerhouse, setting out a broad roadmap for legislation, enforcement, policy development, and international engagement. In addition to legislative priorities identified by the NPCSC, the Plan highlights the revision of the Regulations on Customs Protection of Intellectual Property Rights and the Regulations on National Defence Patents. The Plan requires further work on developing guidelines for standard essential patent (SEP) applications and licensing, and calls for improved IP protection frameworks in emerging areas such as big data, artificial intelligence (AI), and blockchain. The Plan also sets out a series of enforcement actions. These include nationwide campaigns such as “Sword Net 2026” (targeting online infringement and piracy), “Sword Film 2026” (focused on cinema copyright), and a youth copyright protection initiative. In parallel, a dedicated “Protecting Intellectual Property” campaign will target infringements in emerging sectors and e-commerce. Read the full plan from CNIPA in Chinese

China finalises drug regulatory data protection measures

On 15 May, China’s National Medical Products Administration (NMPA) issued the finalised Implementation Measures for Drug Trial Data Protection which introduced statutory exclusivity periods, as known as regulatory data protection period (RDP),  of up to 7 years for orphan drugs, 2 years for paediatric drugs, 6 years for new original drugs and up to 4 years for new modified version of approved drugs. The Measures confirm that RDP period starts from the date of marketing approval in China. During this period, the NMPA will not approve applications for generics, biosimilars, or modified drugs that rely on the original marketing approval holder’s undisclosed data without consent. Compared to the 2025 draft, the final Measures remove the proposed deduction of protection time for drugs previously approved overseas, ensuring equal treatment regardless of prior foreign approval. The protection period for improved innovative drugs has also been extended from three to four years. Read full measures from NMPA in Chinese

CNIPA launches image-based trade mark search and moves to mandatory e-filing

On 22 May, the China Trade Mark Office (CTMO) of the China National Intellectual Property Administration (CNIPA) launched an “image-based search” function within its online trade mark search system (user registration required). The feature allows users to conduct similarity searches for figurative marks by uploading image files that meet specified technical requirements (PNG, JPEG, or JPG formats, with a maximum size of 2MB). By reducing reliance on detailed textual descriptions and classification-based queries, the tool lowers technical barriers and enhances the accessibility and efficiency of figurative trade mark searches in China. Earlier in May, CNIPA also announced the full transition to electronic processing for trade mark services, effective from 1 July. Trade mark applications and related matters handled through agencies will, in principle, be submitted electronically via the official online system, with paper filings accepted only in limited circumstances. Read more on the new image-based trade mark search in Chinese

Industry-platform consensus to strengthen book copyright protection

On 23 May, the Copyright Society of China (CSC) released the Consensus on Strengthening Copyright Protection for Books, jointly endorsed by major industry associations, leading publishers, and major e-commerce platforms including Douyin, JD.com, Taobao, Tmall, Pinduoduo, Dangdang, Xiaohongshu, and WeChat Stores. The consensus promotes the establishment of direct communication channels between publishers and platforms to ensure timely handling of infringement complaints, supported by regular joint meetings to review enforcement progress, assess emerging trends, and coordinate responses. It also advances platform co-governance through a coordinated working mechanism, including a dedicated liaison group for book copyright protection. Participating entities will explore shared blacklists of infringing sellers to enable cross-platform removal and prevent re-entry, while relevant infringement leads will be promptly referred to regulatory authorities for further enforcement. Read full release of the consensus in Chinese

JUDICIAL UPDATES

Chongqing Court sets USD 731 Million global FRAND licensing rate in ZTE v. Samsung

On 1 May, the Chongqing First Intermediate People’s Court issued its judgment in ZTE v. Samsung, setting a global fair, reasonable and non-discriminatory (FRAND) licensing rate of USD 731 million. The dispute arose following the expiry of a 2021 licensing agreement and the parties’ failure to agree on renewal terms. The court held that the 2021 ZTE-Samsung agreement did not cover 5G, necessitating separate rate assessments. For 2G-4G, it applied the comparable licence approach, while for 5G it relied on both the top-down methodology and comparable licences. It rejected Samsung’s reliance on the 2020 ZTE-Apple agreement as a 5G comparable, citing ZTE’s financial and cash flow constraints at the time. The case has been litigated across multiple jurisdictions, with ZTE securing several favourable outcomes. The UK High Court, also on 1 May, set a global licence value of approximately USD 392 million for a five-year term. Read media coverage of the case in English

TYPICAL CASES

Typical trade mark administrative enforcement cases 2025

On 26 April, the CNIPA released ten typical cases of trade mark administrative protection, highlighting key enforcement priorities, emerging infringement patterns, and evolving coordination between administrative and judicial authorities. Several cases demonstrate proactive protection of innovative and high-growth sectors. For example, in Guangdong, authorities addressed the malicious registration of the “DEEPSEEK” trade mark targeting an AI enterprise. Others reflect increasingly sophisticated enforcement against integrated online and offline infringement. In Guangxi, authorities tackled infringements involving well-known marks such as “LULULEMON” by seizing physical goods while tracing online sales channels. The cases also clarify more nuanced forms of infringement. In Shanghai, authorities addressed a “reverse passing off” scenario involving the alteration and resale of goods bearing registered trademarks, offering a practical interpretation of Article 57 of the Trade mark Law. Several cases further illustrate strengthened coordination between administrative and criminal enforcement authorities. Read more on the typical cases in Chinese

NCAC announces typical copyright infringement cases of 2025

On 23 May, the National Copyright Administration of China (NCAC) released the Top Ten Copyright Infringement and Piracy Cases of 2025. Several cases highlight the accountability of online platforms and service providers. In Shanghai, a technology company was penalised for facilitating large-scale dissemination of infringing audiovisual content via cloud storage links, including films on NCAC’s early warning list. Criminal enforcement featured prominently in a number of high-value cases. In another Shanghai case, operators of a piracy-focused manga app were convicted for distributing large volumes of copyrighted works without authorisation, generating illicit profits exceeding RMB 24 million. Software piracy and technological circumvention were also key focus areas, with cases in Jiangsu and Jiangxi involving the illegal sale of software and activation keys, as well as tools designed to bypass technical protection measures. Read more on the typical cases in Chinese

If you would like any further information on any of the above matters or to discuss Embassy support for your company in China please contact Leo Zhuang (Leo.Zhuang@fcdo.gov.uk).