On February 6, 2026, China’s State Administration for Market Regulation (SAMR) released five typical cases of unfair competition in the field of artificial intelligence (市场监管总局公布五起人工智能领域不正当竞争典型案例). SAMR provides an administrative route for the enforcement of intellectual property in China in addition to civil and criminal enforcement mechanisms. SAMR released these cases to “effectively guide business entities to operate legally and compliantly and maintain the healthy development of the artificial intelligence industry.”
Category: Unfair Competition
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 …
China’s National People’s Congress Passes Amended Anti-Unfair Competition Law
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 …
China’s Supreme People’s Court Releases Typical Intellectual Property Cases in People’s Courts of 2024
On April 21, 2025, China’s Supreme People’s Court (SPC) the Typical Intellectual Property Cases in People’s Courts of 2024 (2024年人民法院知识产权典型案例). This year’s annual release includes only 8 cases and includes trade secret theft, an IP ownership dispute, copyright infringement, trademark infringement, and unfair competition. No patent infringement cases made the list this year. Typical cases are used by the SPC to promote uniformity to help ensure similar cases are treated consistently across different courts.