On June 27, 2025, China’s National People’s Congress (NPC) passed the newly amended Anti-Unfair Competition Law (中华人民共和国反不正当竞争法). The amended Anti-Unfair Competition Law (AUCL) will be effective October 15, 2025. While China is not a common law country, Article 7 of the AUCL nonetheless provides common law-like protection for unregistered marks that have a “certain influence.” Article 7 is updated to prohibit the use of others’ trademarks as business names or search keywords. However, this revision does not address much needed …
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
China’s National Intellectual Property Administration Releases Notice on the Pilot Program to Optimize the Business Environment in the Field of Intellectual Property
On June 23, 2025, China’s National Intellectual Property Administration (CNIPA) in conjunction with 5 other government departments, released the “Notice of the General Office (Office) of Six Departments including the China National Intellectual Property Administration on the Pilot Work of Optimizing Business Environment in the Field of Intellectual Property” (国家知识产权局等6部门办公厅（室）关于开展优化知识产权领域营商环境试点工作的通知). The pilot will be launched in six cities including Beijing, Shanghai, Chongqing, Hangzhou, Guangzhou and Shenzhen. The Notice includes a list of pilot tasks including: Promote research on intellectual property …
Interview with Liu Yue of the Christian Silvain Foundation on the Highest Damages Awards in a Chinese Fine Arts Case
Marking the conclusion of a long legal battle, the Beijing Higher People’s Court recently affirmed an August 24, 2023 decision by the Beijing IP Court against Sichuan Academy of Fine Arts Professor Ye Yongqing. The Beijing IP Court ruled that Ye infringed the copyright of Silvain in his paintings and ordered Ye to pay Silvain 5 million RMB, publish an apology and cease infringement. That apology was published in China’s Legal Daily on January 23, 2025. The Beijing IP Court found that …
China’s State Administration for Market Regulation Announces 7 Typical Cases of Trademark Administrative Enforcement for 2024
On June 10, 2025, China’s State Administration for Market Regulation (SAMR) announced the 7 Typical Cases of Trademark Administrative Enforcement for 2024 (市场监管总局公布7件商标行政执法典型案例). Administrative enforcement provides an alternative route to IP litigation and criminal prosecution but does not provide damages. Note that administrative enforcement is not mutually exclusive to litigation and criminal prosecution – all three mechanisms may be used and administrative enforcement cases are regularly referred for criminal prosecution. Regarding the cases, SAMR explained that “in 2024, local market …