United States Trade Representative 2025 National Trade Estimate Report on Foreign Trade Barriers – China Needs to Increase Damages and Criminal Penalties for IP Infringement

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On March 31, 2025, the United States Trade Representative (USTR) released their 2025 National Trade Estimate Report on Foreign Trade Barriers, with the longest section being dedicated to China at 47 pages.  With respect to intellectual property, the USTR acknowledged that China has issued some final measures relating to implementation of the IP chapter of the Phase One Agreement, including the Patent Law, the Copyright Law and the Criminal Law.  However, the USTR listed outstanding areas including “the protection of …

China’s National Intellectual Property Administration: Accelerate the Use of AI in Examination

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On March 28, 2025, China’s National Intellectual Property Administration (CNIPA) held a press conference to discuss their work goals in light of the recent National People’s Congress and to “implement the spirt of General Secretary Xi Jinping’s important speech” at the Congress.  Heng Fuguang, spokesperson and director of CNIPA stated it will implement that spirit in seven aspects: 1. improve the legal system of intellectual property rights; 2. improve the quality of intellectual property creation; 3. improve the efficiency of …

China’s Supreme People’s Procuratorate Releases 2025 Work Report – 21,000 People Prosecuted For IP Crimes

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On March 8, 2025, China’s Supreme People’s Procuratorate (SPP) released its 2025 Work Report at the 14th National People’s Congress. Regarding intellectual property, the SPC states that 21,000 people we prosecuted for IP crimes in 2024 and highlighted what is believed to be the trade secret case of Zhang, who was prosecuted under China’s version of the Economic Espionage Act. Other significant criminal IP cases were surprisingly not highlighted, like the 9-year prison sentence for criminal copyright infringement of Lego …

China’s Supreme People’s Court Work Report – Number of Punitive Damages Awards Up 44%

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On March 8, 2025, at the third session of the 14th National People’s Congress, Zhang Jun, President of the Supreme People’s Court (SPC), delivered the SPC’s annual work report. President Zhang highlighted the increase in punitive damages awarded in intellectual property cases including the 640 million RMB award in an electric vehicle trade secret case (although only the non-monetary portion of the judgement has been satisfied as the unnamed defendant is bankrupt). Punitive damages were awarded in 460 cases of malicious infringement …