Guidance

China Intellectual Property newsletter (October 2026）

Updated 30 October 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

1. POLICY & GOVERNMENT

1.1 CNIPA publishes draft measures implementing revised Trade Mark Law

On 28 September, the China National Intellectual Property Administration (CNIPA) published the draft Measures for Handling Relevant Business Matters Under the Revised Trade Mark Law. It sets out rules for the application and examination of dynamic signs as trade marks, including the materials required, and requires applicants seeking to establish distinctiveness acquired through use to submit supporting evidence within fifteen days of receiving notice from CNIPA. Further provisions concern ex officio cancellation. Trade marks registered before the revised law enters into force may still be subject to the revised provisions where misleading use continues after 1 January 2027. Where a registered trade mark has not been used for three consecutive years without justifiable reason, or has become the generic name for the goods for which it is registered, local trade mark administrative authorities will investigate and verify the relevant circumstances before reporting their findings through the appropriate administrative channels. Read the draft measures from CNIPA in Chinese

1.2 Ministry of Commerce consults on protection of Chinese trade secrets

On 26 October, China’s Ministry of Commerce (MOFCOM) published the draft Special Provisions on the Protection of Chinese Trade Secrets for public consultation. The proposed rules would apply where a foreign entity infringes Chinese trade secrets in international economic, trade or related activities and the conduct harms, or poses a real threat to, China’s national sovereignty, security or development interests. MOFCOM would be empowered to impose one or more restrictive measures, including restricting or prohibiting the entity from engaging in China-related imports and exports of goods and technology or international trade in services, and prohibiting exports of relevant items to the entity. Other measures could include restricting or prohibiting new investment in China and the entry of relevant personnel or means of transport, as well as revoking individuals’ work permits or eligibility to stay or reside in China. A foreign entity subject to such measures could apply for them to be modified or lifted if it takes corrective action, ceases the infringement, eliminates the relevant risks and compensates for losses. Decisions would generally be made public. Read the Special Provisions from MOFCOM in Chinese

1.3 CNIPA consults on revised Trade Mark Examination and Adjudication Guidelines

On 28 September, CNIPA published draft revised Guidelines for Trade Mark Examination and Adjudication to support the new legislation. The draft introduces substantive examination rules for dynamic trade marks, requiring assessment of the complete sequence rather than individual frames, and expands guidance on deceptive marks. Particular attention is given to situations in which combinations of words, numbers or letters may falsely suggest characteristics of goods or services, such as their ingredients, composition, quality or content, thereby misleading consumers. It also introduces new rules on suspending and resuming examination and adjudication where a cited mark or prior right may affect the outcome. A new section addresses the use of registered marks in a manner that misleads the public. Examples include combining a mark with product names, advertising slogans or packaging elements in a way that causes consumer confusion. Detailed procedural rules are also introduced for ex officio cancellation proceedings. Read the revision draft from the CNIPA in Chinese

1.4 CNIPA issues amended Implementing Rules for integrated circuit layout designs

On 30 September, CNIPA published amended Implementing Rules for the Protection of Layout Designs of Integrated Circuits. The amendments aim to optimise application procedures and standardise the registration and administration of layout designs. They introduce more detailed requirements for application documents, including prescribed formats for copies or drawings and a statement identifying and explaining the original elements of the design. The Rules also clarify that claimed original portions should include areas capable of performing an independent function. Examination procedures have been streamlined through clearer provisions on non-acceptance, amendments to filing documents and voluntary withdrawal. The amendments further clarify that exclusive rights in a layout design arise from the date of registration and standardise procedures for changes to recorded information, including restrictions on changes to certain particulars, such as the creator’s name. Read the Implementing Rules from CNIPA in Chinese

1.5 CNIPA issues guidelines on integrated circuit layout design examination and adjudication

On 30 September, the CNIPA issued Guidelines for the Examination and Administrative Adjudication of Integrated Circuit Layout Designs, clarifying procedures for registration, disputes and enforcement. Registration examination is primarily a formal and written review process rather than a substantive patent-style technical examination. The guide provides detailed rules for presenting layout drawings, identifying the allegedly original portions of the design, and explaining the technical reasons why particular areas are considered original. Applicants must clearly identify and justify original features rather than relying on broad assertions of novelty. For enforcement, the guide describes CNIPA’s administrative adjudication procedures covers case acceptance, investigation and evidence gathering, hearings, suspension of proceedings, settlement through mediation, issuance of decisions, and publication and enforcement of outcomes. Read the guidelines from CNIPA in Chinese

1.6 CNIPA and customs strengthen coordination on intellectual property protection

On 14 October, CNIPA and the General Administration of Customs (GACC) jointly issued the Opinion on Strengthening Coordinated Intellectual Property Protection. A key component of the initiative is enhanced information sharing between CNIPA and customs authorities. CNIPA will regularly share trade mark and patent registration data to facilitate customs recordal, alongside information on well-known, cancelled or invalidated trade marks and major patent infringement decisions to support customs enforcement. The Opinion also strengthens investigative cooperation between customs and intellectual property authorities. Customs may seek technical or specialist assistance in complex patent cases, verify trade mark registration details through CNIPA’s disclosure system, and request professional opinions on difficult trade mark or patent infringement issues. Read the joint opinions from CNIPA in Chinese

1.7 China proposes market exclusivity for orphan drugs and paediatric medicines

On 19 October, China’s National Medical Products Administration (NMPA) published draft measures establishing market exclusivity for orphan drugs and paediatric medicines. Under the proposed system, the NMPA would grant market exclusivity during which competing versions of the same drug could not be approved. Orphan drugs would receive between four and seven years of exclusivity from marketing approval: seven years for innovative and imported original drugs first approved in China, five years for improved new drugs and existing products with new orphan indications, and four years for certain generics, biosimilars and products receiving their first orphan indication in China. For paediatric medicines, the draft provides two years of market exclusivity for innovative and imported original medicines entering China for the first time, and one year for existing medicines with their first paediatric indication or new child-appropriate dosage forms or specifications. Where regulatory data protection also applies, market exclusivity would begin after the data protection period expires. Read the draft measures from the NMPA in Chinese

1.8 SAMR issues draft guidance on recurring market regulation enforcement issues

On 19 October, the State Administration for Market Regulation (SAMR) published draft Guidance addressing recurring legal issues in market regulation enforcement. Covering 18 areas of uncertainty, the draft aims to improve legal clarity and consistency across local authorities. The Guidance clarifies jurisdiction and evidentiary rules, particularly for online transactions involving platforms and traders in different jurisdictions. Evidence gathered during preliminary investigations may be used in formal proceedings if it meets authenticity, legality and relevance requirements, without repeating investigative steps where the facts are already established. The draft also clarifies rules for evidence transferred between government agencies, strengthening inter-agency enforcement coordination. Read the draft guidance from SAMR in Chinese

2. STATISTICS

2.1 China has prosecuted more than 7,100 people for copyright offences since 2023

On 22 October, the Supreme People’s Procuratorate (SPP) released information highlighting the continued crackdown on copyright infringement crimes in China. According to the SPP, procuratorial authorities nationwide prosecuted more than 7,100 individuals for copyright-related offences between 2023 and September 2026. The SPP noted a shift towards digital piracy, including the use of web crawlers, deep linking and content aggregation to disseminate copyrighted material at scale. The SPP also observed that recent cases increasingly involve online games, short-form dramas, immersive entertainment products such as “script-kill” games, and collectible figurines sold through blind-box business models. Read more on SPP data release 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, contact Leo Zhuang (Leo.Zhuang@fcdo.gov.uk).