ARTICLE
17 May 2025

Insights from CIPIS 2025

SF
Spruson & Ferguson

Contributor

Established in 1887, Spruson & Ferguson is a leading intellectual property (IP) service provider in the Asia-Pacific region, with offices in Australia, China, Indonesia, Malaysia, Philippines, Singapore, and Thailand. They offer high-quality services to clients and are part of the IPH Limited group, which includes various professional service firms operating under different brands in multiple jurisdictions. Spruson & Ferguson is an incorporated entity owned by IPH Limited, with a strong presence in the industry.
Insights into the shifting dynamics of China's IP priorities, and how these shifts are influencing outbound strategy.
China Intellectual Property

The 22nd China Intellectual Property & Innovation Summit (CIPIS) held in Shanghai brought together legal professionals, in-house counsel, and industry thought leaders to exchange perspectives on the future of intellectual property in China and its global interface. The event offered timely insights into the shifting dynamics of China's IP priorities, and how these shifts are influencing outbound strategy.

Our Associates, Wenjing Zhang (Singapore) and Selina Shang (Beijing) attended the conference and share several key themes that emerged from the summit's panel discussions which are particularly relevant to corporate leaders managing innovation, legal risk, and international expansion.

IP strategy trends from a cross-border perspective

Wenjing Zhang, Associate

Strategic integration of IP in corporate decision-making

A consistent theme throughout the panels was the growing emphasis on embedding IP strategy within broader corporate planning. Rather than treating IP as a reactive tool or administrative function, companies, particularly those operating in IP-intensive sectors, are integrating portfolio planning, risk mitigation, and competitive positioning into the early stages of product development and market expansion.

Takeaway for corporates: Involve IP early- ensure that IP strategy is built into product development and international market plans to protect long-term value.

SEP and forum strategy in a fragmented global landscape

The discussions surrounding standard essential patents (SEPs) and FRAND licensing highlighted the continued challenges of navigating multi-jurisdictional litigation and regulatory divergence. While SEP disputes have become more common in China, with Chinese companies playing an increasingly prominent role in global SEP disputes,participants acknowledged lingering uncertainty around judicial predictability and the extraterritorial effects of domestic rulings.

Takeaway for corporates: When engaging in standards-related innovations, develop a filing strategy that factors in both domestic and overseas enforcement risks.

Artificial Intelligence, open source, and regulatory uncertainty

The rise of generative AI and open-source technologies featured prominently in discussions on emerging legal risks. While AI-driven innovation continues to accelerate, there remains significant legal uncertainty around the ownership of AI-generated content, copyright attribution, and the permissible scope of open-source integration, both in China and globally.

Takeaway for Corporates: Establish clear internal policies on the use of AI tools and open-source software to manage IP ownership, licensing obligations, and future enforceability.

Industry-specific IP strategies

Sector-focused panels covering semiconductors, biotechnology, and platform-based industries reinforced the point that IP strategy must increasingly be tailored to the business realities of each field. For instance, disclosure timing and territorial filing strategies in life sciences must reflect regulatory exclusivity periods, while trade secret protection in advanced manufacturing demands robust internal governance and cross-border enforceability planning.

Takeaway for corporates: Build IP strategies that reflect the regulatory, commercial, and innovation lifecycles unique to your industry.

Conclusion

CIPIS 2025 offered a valuable snapshot of how China's IP ecosystem is evolving in step with its economic and technological ambitions. As Chinese companies continue their outward expansion, their IP concerns are becoming more strategic, cross-border in scope, and sector-sensitive in nature.

For practitioners assisting these companies in international markets, this shift demands a corresponding evolution in legal services, toward integrated, commercially strategic IP counsel grounded in a strong understanding of both Chinese institutional developments and foreign legal systems.

Trademark protection trends in China

Selina Shang, Associate

Various key issues related to trademarks were discussed at CIPIS in 2025, including the inherent registrability of trademarks, domain names incorporating Chinese character trademarks, trademark licensing, risks and coping strategies in overseas business, assisting IP management with AI, and trademark infringement risks in cross-industry collaboration.

Trademark inherent registrability

The inherent registrability of trademarks remains a challenging issue for many brand owners. When designing trademarks, it is generally advisable to avoid expressions directly related to the qualities, raw materials, chemical elements, geographic names, functions, usages, or other characteristics of the goods or services. Common phrases, taglines, slogans, or buzzwords are often considered non-distinctive and may ultimately be rejected for registration in China. Therefore, it is crucial to identify and avoid such elements early to reduce the risk of rejection.

3D signs and color combination marks

Currently, obtaining registration for 3D signs and colour combination marks in China is quite difficult. Brand owners may consider applying for design patents to secure some protection. In case of infringement, rights may be enforced based on design patent law and the Anti-Unfair Competition Law. Regarding trademarks, enterprises could collate evidence of long, extensive term use of the marks and the accumulation of a strong reputation to support trademark registrations, thereby improving the chances of success.

Utilising AI tools

From the perspective of trademark enforcement, speakers recommended using big data and AI tools to monitor sales volumes, consumer age groups, and geographic locations. This information enables more effective and efficient enforcement strategies. For example, the enterprises could assign more resources to take enforcement actions targeting the major market areas and the specific online platforms.

Recording Trademarks in Regional Key Trademark Protection Lists

For trademarks with a certain reputation or those facing ongoing counterfeiting issues, brand owners can apply to have their trademarks recorded in the Regional Key Trademark Protection List with relevant IP authorities. This listing is not an award but plays a vital role in enhancing protection efficiency, strengthening cooperation among administrative departments, and deterring illegal activities.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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