CHANG TSI
Insights
October 2025 has proven to be a dynamic and instructive month in the realm of Chinese intellectual property litigation and enforcement. For international companies and their legal counsel, the evolving landscape signals a continued, sophisticated maturation of China's IP system, characterized by strategic high-tech patent battles, a deepening integration of judicial and administrative enforcement mechanisms, and a clear regulatory push towards quality and integrity. Understanding these trends is no longer optional but a critical component of any successful market strategy in China.
The most prominent litigation news this month comes from the competitive and strategically vital lidar (Light Detection and Ranging) sector. On October 28, 2025, Hesai Technology filed a patent infringement lawsuit against its rival Innovusion in the Ningbo Intermediate People's Court in Zhejiang Province.
The Core Dispute: The suit alleges that Innovusion's newly launched "Lingque E1X" product, showcased at CES 2025, infringes upon the patents covering Hesai's "AT Series." This is not an isolated skirmish but a reflection of the intense competition in China's autonomous driving and smart vehicle supply chain.
Strategic Implications for Foreign Enterprises:
Specialized Venues: The choice of the Ningbo court is significant. China has been actively building a network of specialized IP tribunals with technical expertise. Courts in key manufacturing and tech hubs like Ningbo, Shenzhen, and Shanghai have developed considerable experience in handling complex, technology-driven patent cases. Foreign companies involved in similar high-tech industries should anticipate that their litigation will be heard by a sophisticated and specialized judiciary.
Proactive Enforcement: Chinese innovators like Hesai are increasingly confident in using patent litigation as a strategic business tool to protect their market share and enforce their rights against competitors, both domestic and foreign. This signals a market where IP rights are a central pillar of competition.
Pre-emptive Action: For foreign tech companies, this underscores the necessity of conducting thorough freedom-to-operate (FTO) analyses before launching products in the Chinese market. Concurrently, securing robust patent protection for one's own innovations within China is paramount to building a defensive and offensive portfolio.
Beyond specific cases, October saw significant regulatory and legislative advancements that shape the entire litigation ecosystem.
A. Regional Legislation Strengthens Holistic Protection
New local regulations, particularly in Chongqing and Tianjin, provide a blueprint for the future of IP enforcement in China.
Chongqing's Comprehensive Approach: The "Chongqing Municipal Regulations on Intellectual Property Protection and Promotion," effective from September 1, 2025, are noteworthy as the city's first comprehensive IP legislation. They emphasize building a "collaborative protection system" that links administrative protection with judicial enforcement. Crucially, the regulations mandate the use of big data, AI, and blockchain for tasks like evidence collection and infringement monitoring.
Impact on Litigation: This means rights holders, including foreign entities, can expect more efficient and technologically adept enforcement processes. Evidence obtained through these state-sanctioned digital means may carry greater weight in court. It is advisable for companies to explore how their own digital rights management systems can interface with these emerging official platforms.
Tianjin's Push for Patent Quality: Tianjin's new "Patent Promotion Regulations," taking effect on November 1, 2025, continue the national policy shift from quantity to quality. The establishment of a municipal-level "Tianjin Patent Award" is a clear incentive for high-value inventions.
Impact on Litigation: In litigation, the perceived "quality" and "technical value" of a patent are becoming increasingly important, especially for obtaining preliminary injunctions or higher damages. Patents that are vetted and recognized under such quality-focused systems may be viewed more favorably by courts.
B. Refining the Administrative Enforcement Pathway
The joint directive issued by Yunnan's IP and Justice departments—"Implementation Opinions on Advancing the Construction of a Patent Infringement Dispute Administrative Ruling Work System"—highlights the continued importance of administrative enforcement.
A Viable Alternative to Litigation: Administrative rulings for patent infringement offer a faster, lower-cost alternative to civil litigation. The push to "strengthen the system" indicates a commitment to making this pathway more efficient and reliable.
Strategic Choice: Foreign companies should consider administrative enforcement as a key tool in their strategic arsenal, particularly for clear-cut infringement cases where speed and cost are critical factors. It can often serve as a powerful first step before, or in parallel with, judicial proceedings.
The docket of the Supreme People's Court (SPC) continues to be a barometer for important legal issues.
The SPC's Oversight: The hearing of the appeal in the case of Jiangsu Chima Technology Co., Ltd. v. YKK Corporation by the SPC's Intellectual Property Tribunal on October 28 is a case to watch. While details are not yet public, the SPC's involvement typically signals that the case involves significant legal principles, potentially concerning claim interpretation, infringement analysis, or damage calculations.
Guidance for the Lower Courts: The rulings from the SPC provide binding guidance for all lower courts. A decision in a case involving a well-known foreign entity like YKK could offer crucial clarity on the application of patent law, influencing litigation strategies for years to come. Foreign companies should monitor the outcome of such SPC cases closely.
In conclusion, October 2025 reinforces that China's IP litigation environment is complex, fast-moving, and increasingly aligned with global best practices—but with unique Chinese characteristics. For foreign businesses, engagement, adaptation, and strategic foresight are the keys to not only mitigating risks but also leveraging the IP system to secure a competitive advantage in one of the world's most critical markets.