Editor’s Note: Intellectual Property Highlights and Strategies for Innovation

Welcome to the MeritsIP Newsletter. We delve into critical updates in the intellectual property landscape, providing insights and strategies to help you navigate the ever-evolving world of patents, trademarks, and copyrights. Read on to stay informed and ahead in the game of innovation.

Making “Instructional” Documents to Incite Video Piracy: Consequences

Recently, the Fujian Higher People’s Court made a final judgment in a case where Guangzhou Baiju Technology Co., Ltd. sued four defendants for infringing the right of information network dissemination. The four defendants, via the “K World” platform, incited and assisted agents to copy Baiju’s video works, which was deemed indirect infringement and unfair competition. They were ordered to stop illegal acts and compensate Baiju over 600,000 yuan.

Baiju focuses on content creation, traffic attraction, and product conversion. The defendants developed an “incitement – style” infringement system, providing documents in a WeChat group to teach agents how to copy videos, remove watermarks, and rewrite content. The defendants denied the infringement, but the Fuzhou Intermediate People’s Court’s first – instance and the Fujian Higher People’s Court’s second – instance both ruled against them. Judge Cai Wei said the case is significant for setting competition ethics review standards, constructing a platform – based infringement governance model, and clarifying joint liability for inciting infringement.

State Intellectual Property Office Releases Full Text of “Guidelines for Expedited Review of Madrid International Trademark Registration Applications”

On September 10, the Trademark Office of the China National Intellectual Property Administration released the full – text of the “Guidelines for Expedited Review of Madrid International Trademark Registration Applications”. To serve high – quality development and help Chinese enterprises go global, expedited review will be carried out according to relevant measures.

The “Guidelines” state that applicants with overseas needs and meeting certain criteria can request expedited review. They should submit a signed/stamped form with evidence, and promise the authenticity. If the basic trademark got expedited review in domestic registration, no repeated evidence is needed.

The Trademark Office will finish reviewing eligible applications within 20 days and send an e – acceptance notice. Ineligible ones follow the general legal process with a phone notice. After approval, applicants must pay international registration fees within 7 days. There’s no extra fee for expedited review.

The “Guidelines” also list situations where expedited review may end, like applicant suspension requests, correction needs, or late fee payments.

Patent Agency Fees Range from 400 to 1250 Yuan per Case! An Intellectual Property Company Fined 33,117 Yuan for Unauthorized Patent Agency Business

Recently, Zhejiang Government Service Network released administrative penalty information. Wenzhou Moudao Intellectual Property Co., Ltd. conducted patent agency business without a license and agent qualifications. It handled 49 patent applications for 14 applicants, charging 400 – 1250 yuan per case, totaling 30,800 yuan. The Wenzhou Market Supervision and Administration Bureau ordered it to stop the illegal act, confiscated 15,117 yuan of illegal income, and imposed an 18,000 – yuan fine, with a total penalty of 33,117 yuan.

Competition | Jinshan Court: China’s First! Effective Judgment in a Commercial Disparagement Case in the Source Code Public Space

This is China’s first commercial disparagement case in the source code public space. The plaintiff is Beijing Xiaohuangren Technology Co., Ltd., and the defendants are Ji Moumou and Shanghai 404 Art and Culture Development Co., Ltd. The court ruled that “communication” in commercial disparagement isn’t limited to interpersonal and mass – media forms. Posting misleading comments in the front – end source code public space of a WeChat article can be “organizational communication”. The expression part of SVG editor interactive components protected by copyright law is the source code of interactive effects, while creative ideas aren’t protected. Commercial disparagement can involve spreading partially true but ambiguous or one – sided information. In the SVG editor industry, unfounded plagiarism accusations are serious and may cause business loss. Competitors shouldn’t spread unproven matters based on unilateral judgment. The first – instance court ordered the defendant company to stop the disparagement, delete comments, compensate the plaintiff, and publish an apology. The second – instance court upheld the original judgment, and the case involved multiple laws and judicial interpretations.

Beijing Changping District’s Intellectual Property White Paper Shows Total Registered Trademarks Exceed 150,000

On September 10, the Beijing Changping special press conference of the China International Fair for Trade in Services was held at Shougang Park, releasing the 2021 – 2025 Beijing Changping District Intellectual Property White Paper. In the past five years, Changping made remarkable achievements in intellectual property cultivation. The total number of registered trademarks exceeded 150,000, and valid invention patents reached 28,000, both doubling from five years ago.

Universities and research institutions in Changping ranked first in the plain new cities in patent application and authorization volume. The number of high – value invention patents rose to 12,045, and the district won 40 national and municipal patent awards. The total patent and trademark pledge financing reached 2.156 billion yuan, helping 144 enterprises. The number of patent transfers ranked first.

Changping adopted a “full – chain escort” approach. Relying on the “two zones” construction, it provided “precise drip – irrigation” for advantageous industries. 202 units became Beijing’s intellectual property pilot and advantageous units, ranking first in the city. It activated 8,364 “sleeping” patents and industrialized 1,028 invention patents. A protection network was established, with 275 trademark infringement cases investigated and over 4.24 million yuan in fines collected in five years.

Liaoning to Provide Service Guidance for Key Trademarks

To leverage trademarks’ role in brand building and industry development, the Liaoning Intellectual Property Administration issued the “Trademark Empowerment and Brand Strengthening” three – year action plan (2025 – 2027) to turn “Liaoning products” into “Liaoning brands”. The core is to create and manage the “List of Key Trademark Service Guidance in Liaoning Province”. In 2025, at least 350 enterprises will be in the first batch, aiming for about 3000 by 2027. The plan solves trademark – related pain points in registration, management, utilization, and protection. Main tasks involve guiding brand building, handling registration rejections, preventing squatting, and providing overseas layout advice. The province will screen local enterprises’ trademark usage, establish the list, and offer hierarchical services. Local guidance stations will handle general issues, and provincial and municipal expert teams will support difficult ones.

Trademark | Supreme People’s Court: Reversal in Retrial! The Trademark “The Tragedy of Lord George” is Distinctive

The Supreme People’s Court reversed previous judgments in a trademark application rejection review administrative dispute between Penhaligon’s and the CNIPA. When judging trademark distinctiveness, the general perception of relevant consumers matters. A trademark meets the registration requirement if it can distinguish the source of goods or services. The trademark “The Tragedy of Lord George” has a unique composition, meaning, and pronunciation. It’s not a common sign in the Class 3 perfume industry and has no relation to the goods’ features. Similar trademarks in the industry have been approved, and consumers recognize it as a specific perfume. Penhaligon’s also registered the English equivalent in a similar category. The court revoked previous judgments and the CNIPA’s decision, ordering a new decision. The retrial judgment was on June 24, 2025.

EU Commission Releases Report on Unleashing Cultural and Creative Industries’ Potential

On September 1, 2025, the European Commission released the report “Unleashing the Potential of the Cultural and Creative Industries”. It analyzed the EU’s cultural and creative industries’ development, impacts of new technologies, and existing support mechanisms. The cultural and creative sector, with many enterprises, employees and high added – value, is a core driving force of the creative economy and has a high – quality workforce. During the pandemic, it created new business models and pioneered new technologies. However, the sector is not operating optimally due to issues like financial difficulties of small firms, limited market reach of SMEs, ineffective support mechanisms, market fragmentation, and cumbersome financing procedures. A combination of market approach and public guarantees can improve access to funds via risk – sharing.

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