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Monday 08:30 - 17:30 Tuesday 08:30 - 17:30 Wednesday 08:30 - 17:30 Thursday 08:30 - 17:30 Friday 08:30 - 17:30

Borsam Intellectual Property

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Borsam Intellectual Property

PRC Lawyers and Patent,Trademark Attorneys. Office|Shenzhen, HK, Fuzhou,Xiamen
E: [email protected]

09/06/2026

BORSAM IP - China IP Brief | June 09, 2026

> After 30 Years, China Rewrites Its Trade Secret Rulebook — What the June 1 Reform Means for IP Owners
On June 1, SAMR brought into force China's new Trade Secret Protection Rules, replacing regulations that had been on the books since 1995. The old rules were written before China's market economy...

> SPC's RMB 54.48M Hammer: Concealment and Evasion Are Now Explicit Multipliers for Punitive Damages
The SPC has awarded RMB 54.48 million (USD 7.5 million) in a software copyright infringement case — nearly four times the RMB 14 million the first-instance court had granted. Company A, an...

> SPC Rebukes CNIPA's Single-Herb Logic — TCM Combination Patents Require Formula-Level Inventiveness Analysis
The SPC has set a specialized inventiveness standard for TCM combination patents, reversing both CNIPA and the Beijing IP Court. A Hubei pillow factory applied for a patent on "A TCM Pillow Core...

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05/06/2026

China's Zhejiang High Court ruled that splitting a registered trademark to emphasize another brand's well-known mark constitutes cross-class infringement. The Proya v POLAIYA decision clarifies how courts treat trademark free-riding and dilution under China's Trademark Law Article 13. Click here for the details: https://www.borsamip.com/Policyfocus/2934.html

29/05/2026

On April 20, 2026, the Supreme People's Court (SPC) of China released its Typical Intellectual Property Cases of People's Courts in 2025 as part of the annual National IP Publicity Week. Among the ten cases spanning trademark, patent, copyright, trade secret, and unfair competition disputes, three establish rules that foreign brand owners cannot afford to ignore.

Criminal conviction for counterfeiting no longer shields defendants from civil punitive damages — the two are not mutually exclusive. Civil courts must refer criminal counterfeiting leads to prosecutors. And trademark agencies that knowingly assist bad-faith registrations now share liability with their clients.

These cases were published alongside a comprehensive new judicial interpretation on punitive damages (Fa Shi [2026] No. 7, adopted April 7, 2026, and in force May 1, 2026), making clear that the SPC is building enforcement infrastructure that foreign brands can and should use. Click here for the details: https://www.borsamip.com/Policyfocus/2933.html

19/05/2026

Chinese courts are tightening plaintiff standing requirements in platform copyright cases, rejecting lawsuits filed by shell companies that acquire litigation rights without genuine commercial interests. A landmark 2024 Hunan High Court ruling invalidated a law firm's purchase of 3,084 lawsuit rights. Here's what platform operators and foreign content companies need to know about China's shifting approach to copyright mass litigation. Click here for view the article: https://www.borsamip.com/Policyfocus/2932.html

15/05/2026

A Chinese design patent is often weak in enforcement not due to CNIPA’s examination, but because applicants make critical strategic errors before filing—such as poor claim drafting, failing to anticipate key prior art, or neglecting to verify enforceable differences—but these risks can be avoided with better upstream preparation. Click here to read the articles: https://borsamip.com/Policyfocus/2931.html

09/05/2026

China's Supreme People's Court has released sweeping new rules on IP punitive damages, effective May 1, 2026. The interpretation dramatically expands willfulness grounds, caps damages at 5x base, and blocks statutory damages as calculation foundation. Foreign companies doing business in China face higher risks whether as rights holders or alleged infringers. This guide breaks down the key changes and what you should do now. Please click here for the details: https://www.borsamip.com/Policyfocus/2930.html

30/04/2026

A Guangzhou court ordered both a competitor and its trademark agency to pay compensation for malicious trademark squatting. This landmark case sets new precedent for foreign companies protecting their IP in China. Here's what foreign brand owners need to know about their legal options and how China courts are increasingly holding trademark agents accountable. Please click here to view the articles: https://www.borsamip.com/Policyfocus/2929.html

26/04/2026

A world without IP protection?
Ideas get copied. Effort gets ignored. Creativity gets discouraged.
That’s why World IP Day exists — to remind us all that respecting intellectual property means respecting each other.
Let’s build a world where original ideas are seen, valued, and protected.

24/04/2026

A Chinese court has ruled that registering a U.S. design patent on a rival's product and using it to trigger Amazon takedowns constitutes unfair competition — awarding RMB 600,000 in damages. Learn how China's "Good Faith" principle is becoming a shield for cross-border sellers. Click here for the details: https://www.borsamip.com/Policyfocus/2928.html

21/04/2026

Please be informed that CNIPA and our office will be closed from May 1st to May 5th for the International Worker's Day. We will resume work on May 6th (Wednesday).

Should you have any urgent matters during this period, please feel free to leave us a message, and we will get back to you as soon as possible once we return.

We sincerely wish you a happy and relaxing holiday!

Address

301, Tower D, Galaxy World, Minzhi, Longhua
Shenzhen
518131

Opening Hours

Monday	08:30 - 17:30
Tuesday	08:30 - 17:30
Wednesday	08:30 - 17:30
Thursday	08:30 - 17:30
Friday	08:30 - 17:30

Telephone

+8675582078123

Website

http://www.borsamip.com/

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