CHINA Trends and Developments Contributed by: Dr James Luo and Angie Guo, Lawjay Partners
Lawjay Partners 1009, Tower 1, Prosper Centre 5 Guanghua Avenue Chaoyang District Beijing 100020 China Tel: +86 10 6591 6366 Fax: +86 10 6591 3630 Email: info@lawjay.com.cn Web: www.lawjay.com.cn
Overview The rapid development of generative artificial intel- ligence (AI) is fundamentally transforming intellectu- al property systems worldwide, with trademark law experiencing particularly significant disruption. As AI technologies evolve from passive tools to active participants in brand development and commercial activities, they are testing the boundaries of traditional trademark principles and legal frameworks. Within China’s rapidly digitising economy, where AI integration across commercial sectors continues to accelerate, legal practitioners and rights holders face the dual challenge of navigating evolving regulatory requirements while leveraging technological advance- ments. This complex environment demands a sophis- ticated understanding of both legal developments and practical business implications. This analysis examines the structural impact of AI on China’s trademark legal system through five critical dimensions: • eligibility criteria for AI-generated signs seeking trademark protection; • redefinition of infringement standards for AI-gener- ated content; • trademark use boundaries in virtual environments, including metaverse platforms and non-fungible token (NFT) marketplaces; • legal implications of AI shopping assistants and algorithmic recommendation systems; and • AI-driven monitoring and enforcement methodolo- gies.
By systematically integrating recent legislative amendments, landmark judicial decisions, and prac- tical compliance frameworks, this analysis provides strategic guidance for effectively navigating China’s dynamic trademark landscape in the era of artificial intelligence. The insights offered aim to assist rights holders in developing robust protection strategies while maintaining compliance with China’s evolving legal requirements. Registrability of AI-Generated Marks: Clarifying the Trademark-Copyright Divide The emergence of AI-generated brand identifiers pre- sents fundamental challenges for trademark registra- tion under Chinese law. As businesses increasingly adopt AI for brand development, assessing wheth- er such AI-generated signs satisfy the substantive requirements of China’s Trademark Law has become critically important. A prevalent confusion in practice arises from con- flating copyright and trademark protection regimes. Although both intellectual property rights protect crea- tive output, their legal foundations and protective cri- teria differ significantly. Copyright framework: emphasis on human authorship China’s Copyright Law mandates both originality and human authorship as essential prerequisites for pro- tection. The Beijing Internet Court’s landmark 2023 rul- ing in AI-Generated Image Infringement Dispute clari- fied that AI-generated content qualifies for copyright protection only when a natural person demonstrates substantial creative contribution through deliberate
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