On September 16, 2025, the Beijing Internet Court announced a recently upheld decision in which they held that while copyright can exist in AI-generated images, the author must “demonstrate that they have exerted creative effort in their AI-generated creations, reflecting personalized expression…When asserting rights in AI-generated works, authors are obligated to explain their creative thinking, the content of their input commands, and the process of selecting and modifying the generated content, and to submit relevant evidence.”
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
Early Jurisprudence from Beijing on the Intersection of Artificial Intelligence, Copyright and Personality Rights
On September 10, 2025, the Beijing Internet Court released eight Typical Cases Involving Artificial Intelligence (涉人工智能典型案例) “to better serve and safeguard the healthy and orderly development of the artificial intelligence industry.” Typical cases in China serve as educational examples, unify legal interpretation, and guide lower courts and the general public. While not legally binding precedents like those in common law systems, these cases provide authoritative guidance in a civil law system where codified statutes are the primary source of law. …
China’s National People’s Congress Releases Draft Foreign Trade Law With IP Articles
On September 12, 2025, China’s National People’s Congress (NPC) released the a Draft Revision of the Foreign Trade Law for comment (对外贸易法（修订草案）征求意见). The Draft includes four intellectual property articles, including new Article 32 regarding “establishing and improving overseas intellectual property warning and rights protection assistance information platforms.” The deadline for comment is October 11, 2025. This Draft continues the trend of China issuing draft measures and regulations to provide guidance to Chinese companies on overseas intellectual property risks. For example, …
China’s Supreme People’s Court Releases Typical Cases of Unfair Competition in 2025 Covering Trademarks, Trade Secrets and AI Model Weights
On September 7, 2025, China’s Supreme People’s Court (SPC) released the Typical Anti-Unfair Competition Cases of the People’s Courts in 2025 (2025年人民法院反不正当竞争典型案例目录). The SPC releases typical cases to ensure that different Chinese courts apply the same laws and principles in a consistent and predictable manner despite China’s legal system not being based on common law. These Typical Cases were released in conjunction with the 2025 China Fair Competition Policy Publicity Week running from September 8 to September 12 and cover …