On March 26, 2026, China’s Supreme People’s Court (SPC) released the Sixth Batch of Typical Cases of Judicial Protection of Intellectual Property Rights in the Seed Industry (人民法院种业知识产权司法保护典型案例（第六批）). Typical cases are issued to guide lower courts, unify judgment standards, and promote policy goals. They serve as “soft law” to fill gaps in legislation, harmonize decisions nationwide, and align judicial outcomes with specific government policies.
Category: Case
Shanghai Huangpu District People’s Court: AI Prompts Not Copyrightable
In recent decision (2025) 沪0101 民初14775 号, the Shanghai Huangpu District People’s Court held that prompts fed into a generative AI were not subject to copyright protection. In 2022, the plaintiff created six sets of English-language prompts and input them into the Midjourney AI image generation platform using the account “BYShanC.” The prompts directed Midjourney to generate Art Nouveau-style illustrations of fantasy natural subjects — jellyfish, butterflies, gem trees, mushrooms, koi fish — in the style of Alphonse Mucha, rendered …
China’s Supreme People’s Court Releases 49th Batch of Guiding Cases – “Strengthening Judicial Protection of IP Rights for Scientific and Technological Innovation”
On February 28, 2026, China’s Supreme People’s Court (SPC) released the 49th batch of Guiding Cases focusing on strengthening judicial protection of intellectual property rights for scientific and technological innovation (最高法发布“加大科技创新知识产权司法保护力度”指导性案例). While China is not officially a common law country, the SPC releases guiding cases to promote uniformity, consistency, and predictability in legal application across the country. The guiding cases function as precedents that help judges fill gaps in legislation, handle complex or new types of cases, and standardize judicial …
China’s State Administration for Market Regulation Releases Batch of Typical IP Enforcement Cases for 2025
On February 6, 2026, China’s State Administration for Market Regulation (SAMR) released a batch of intellectual property enforcement cases for 2025 (市场监管总局公布一批知识产权执法典型案例). SAMR provides an administrative route for the enforcement of intellectual property in China in addition to civil and criminal enforcement mechanisms. SAMR stated that these cases were released to “fully demonstrate the firm resolve and remarkable achievements of market supervision departments in severely cracking down on infringement and counterfeiting and maintaining a fair and competitive market order.” Further, …