China moves to strengthen IP enforcement as AI and 3D scanning create new challenges

China is introducing new measures aimed at addressing intellectual property challenges associated with artificial intelligence (AI), 3D scanning, sophisticated counterfeiting, and potentially abusive litigation, according to a new report.

China’s judiciary and intellectual property regulators have introduced guidance concerning AI-related disputes while also accelerating patent reviews for strategically important technologies, as authorities seek to adapt the country’s IP system to emerging technological and enforcement challenges.

The developments were reported by Caixin on September 9, which said the measures reflect efforts to strengthen China’s IP framework as advances in AI and 3D scanning create new opportunities for copying and make enforcement more difficult.

Faster patent protection for strategic technologies

According to Caixin, the number of valid invention patents in China’s strategic industries reached approximately 1.75 million at the end of June, an increase of 4.3%.

The report said China’s National Intellectual Property Administration is accelerating patent approvals in strategically important areas, with technology companies including robotics manufacturer Unitree benefiting from faster examination.

Caixin reported that Unitree’s patent authorization periods had been reduced to less than three months, while semiconductor company Moore Threads and Xiaomi had also benefited from accelerated patent examination for strategically important technologies.

The developments reflect China’s continuing effort to strengthen IP protection around emerging technologies considered important to the country’s industrial and technological development.

3D scanning raises new counterfeiting concerns

The enforcement challenge is also becoming increasingly technological. Huawei has highlighted the difficulties created by increasingly accessible 3D-scanning technology, according to Caixin. The company said counterfeiters have been able to reproduce products with increasing accuracy, with the technology reportedly allowing manufacturers to replicate earbuds priced at around CNY 1,000 within a month.

Huawei has responded by using 3D-scanning detection technology as part of its anti-counterfeiting efforts. The company has also explored alternatives to conventional enforcement. According to Caixin, Huawei has in some cases sought to license technology to capable counterfeit manufacturers or bring them into its broader technology ecosystem rather than relying exclusively on litigation.

The example illustrates the changing nature of anti-counterfeiting strategies as the technologies required to reproduce physical products become more accessible. For patent and trademark owners, the development also highlights the increasing importance of technological tools for identifying copies and tracing infringement through complex supply chains.

Chinese courts scrutinize potentially abusive IP litigation

Chinese courts are also taking a closer look at litigation that may amount to an improper use of IP rights. The issue has been highlighted by proceedings involving Chinese robotics company Unitree. In one case, China’s Supreme People’s Court upheld the dismissal of patent claims brought against Unitree and criticized the claimant’s conduct. The dispute involved Luweimei, which had brought patent litigation against Unitree during the company’s IPO preparation period.

The Supreme People’s Court found that the claimant’s conduct violated the principle of good faith. In related proceedings, the Hangzhou Intermediate People’s Court subsequently found the litigation to constitute malicious litigation and ordered Luweimei to pay Unitree RMB 80,000 in reasonable legal expenses.

The case has attracted attention because of the circumstances surrounding the litigation. Among the issues considered by the courts were the factual basis for the infringement allegations, the manner in which damages were claimed, and the timing of the proceedings in relation to Unitree’s IPO preparations.

Caixin also reported that Chinese courts are scrutinizing potentially malicious IP litigation more broadly, citing three lawsuits involving Unitree that were resolved within 30 to 40 days.

The developments indicate that Chinese courts are not necessarily treating the assertion of an IP right as sufficient in itself, and may examine the manner and purpose in which litigation is pursued.

IP enforcement adapts to new technology

The developments point to several parallel changes in China’s IP landscape. For technology companies, faster patent examination can provide earlier protection for strategically important innovations, while courts are placing greater emphasis on the legitimacy of enforcement proceedings.

At the same time, technological developments are changing the nature of counterfeiting. AI, 3D scanning and increasingly sophisticated manufacturing capabilities can make it easier to reproduce products and potentially shorten the time between the launch of an original product and the appearance of sophisticated copies.

The response in China therefore extends beyond conventional litigation. It includes accelerated patent examination, new approaches to AI-related disputes, technological tools for detecting counterfeits and greater judicial scrutiny of potentially abusive IP proceedings.

For international companies operating in China, the developments will be closely watched. They demonstrate how IP owners and courts are having to respond not only to the increasing sophistication of infringement, but also to the changing tools available for detecting, preventing and addressing it.

As emerging technologies continue to reshape both innovation and infringement, China’s latest measures provide a further indication of the challenges facing IP systems attempting to keep pace with the AI era.

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