First Instance Judgement in China’s First Criminal IPR Infringement Case Involving AI Short Dramas: Unauthorized Recording and Sale of 1,700+ Short Dramas for Profit Results in Prison Sentence for Copyright Infringement
According to a recent report by CCTV News, the first-instance judgement has been announced in China’s first criminal intellectual property infringement case involving AI-generated short dramas. The case involved over 1,700 short dramas and constituted the crime of copyright infringement.
It is reported that the operating company of an online game developed specialized AI tools. By inputting prompts such as original scripts, plot settings, and camera requirements, creators could quickly generate AI short dramas, which were then published on an official designated platform for users to access on a paid basis.
A company staff member introduced that hundreds of users had participated in the creation, generating a total of more than 7,000 AI short dramas. The price of a single drama ranged from a few yuan to over ten yuan, with several popular short dramas having been sold for over a thousand copies.
However, in the second half of 2024, company staff discovered that someone was publicly selling their series of short dramas without authorization. A listing on a second-hand trading platform at the time showed that a package of over 1,300 short drama works was being sold for CNY 66.66. Upon verification, staff confirmed that these short dramas had been obtained through unauthorized recording without any authorization.
Based on relevant evidence, the procuratorial authorities held that the AI short dramas involved in this case were not simply generated by entering keywords by a simple “one-click generation” function. Instead, users had set themes, characters, plots, and styles through original scripts, reflecting the creators’ personalized conceptions and original expressions, thus meeting the criteria for works protected under copyright law.
In April 2026, the case was heard at the Zhishi City Court of the Huangpu District People’s Court in Guangzhou. The first-instance judgment founds the defendant guilty of copyright infringement and sentenced to eight months in prison, suspended for one year and two months, and a fine of CNY 6,000. The judge stated that, based on the evidence in the case, the AI short dramas involved should be recognized as works protected by law. (May 7, 2026, IT Home)
Typical Cases
2025 Typical Trademark Cases of Opposition and Review
Recently, the China National Intellectual Property Administration (CNIPA) selected ten typical trademark opposition and review cases for 2025. Aiming at “interpreting the law through cases” and “popularizing the law through cases,” these cases guide the public to establish correct concepts of trademark registration and use, and enhance society’s awareness of respecting and protecting intellectual property rights. The cases are as follows:
1. Trademark Opposition Case No. 78186637 “问界出行”
This case reasonably determined the similarity relationship between goods or services in emerging fields, effectively stopped the act of riding on well-known brands, and strengthened the protection of exclusive trademark rights in emerging fields.
2. Trademark Opposition Case No. 77565415 “HOPPI JUJU WIPES and device”
This case focused on the popularity and spiritual connotation of animation IP, legally regulated the bad faith registration of domestic animation IP, and supported the high-quality development of the animation industry.
3. Trademark Opposition Case No. 80787978 “CLEAF KELIFU”
This case strictly regulated the repeated malicious application for foreign well-known trademarks, demonstrating China’s firm determination to create a legalized and internationalized business environment.
4. Trademark Opposition Case No. 74201587 “高纪凡”
This case curbed the improper registration of maliciously free-riding on the name of a well-known entrepreneur in the new energy industry and continued to send a strong signal against bad faith registration.
5. Trademark Opposition Case No. 74885858 “ETKHO”
Through a comprehensive assessment of the communication of intent and consistency of actions among related entities, this case effectively regulated the act of bad faith squatting registration through affiliated companies.
6. Trademark Invalidation Case No. 12793459 “苏罗”
This case clarified the boundaries of protection for intangible cultural heritage-related signs within the framework of trademark law, giving full play to the positive role of trademarks in serving the innovative development of the fine traditional Chinese culture.
7. Trademark Cancellation Case No. 13656705 (device trademark)
Based on the characteristics of the pharmaceutical industry, this case stabilized the expectations of trademark owners regarding their rights through the reasonable application of legal rules concerning trademark use.
8. Trademark Invalidation Case No. 31831098 (device trademark)
This case provided strong protection for the portrait of Academician Yuan Longping, enriched and improved the methods for protecting public interests, effectively prevented commercial confusion and misleading, and maintained the order of the market economy.
9. Trademark Invalidation Case No. 47044156 “陈体全李升佐”
This case accurately applied trademark examination and review standards, flexibly used similarity determination methods, cracked down on the speculative act of copying and imitating the names of the founders of the time-honored brand “陈李济” out of bad faith, and provided solid legal protection for time-honored brands.
10. Trademark Invalidation Case No. 62988785 “宁王科创”
This case determined that the respondent’s bad faith registration constituted free-riding on the goodwill of a well-known technology company and announced the trademark invalid, building a strong brand moat for strategic emerging industries. (April 27, 2026, China Trademark Network)
Supreme People’s Procuratorate Releases 10 Typical Cases on IP Protection by Procuratorial Organs
Recently, the Supreme People’s Procuratorate (SPP) released 10 typical cases concerning intellectual property protection by procuratorial organs. These cases cover criminal, civil, administrative, and public interest litigation functions related to IP, while also reflecting functions such as incidental civil litigation in criminal proceedings and the integrated punishment of false litigation, collectively demonstrating the achievements of comprehensive procuratorial work in IP.
These typical cases focus on serving the development of new quality productive forces. For example, cases such as “A Wang, B Wang, et al., 3 Persons Constituted Trade Secret Infringement Case” and “A Technology Co., Ltd., a person Wang X, et al., 4 Persons Constituted Copyright Infringement Case” involve judicial protection for IP in emerging industries like chip manufacturing, photovoltaic new energy, and industrial software. Some also involve stranglehold technologies.
Procuratorial organs at all levels handled these cases with high quality and efficiency by fully performing their functions in accordance with the law, including review of arrests, review of prosecutions, self-conducted investigations, issuing prosecutorial suggestions, and filing protests. For instance, the SPP’s protest leading to a revised judgment in the “Huamei Dental” trademark invalidation administrative dispute case helps promote the unification of adjudication standards in trademark authorization and confirmation cases, and reasonably delineates the boundary between trademark rights and trade name rights.
According to reports, these typical cases are also intended to promote high-quality and efficient performance by procuratorial organs, particularly providing reference value in areas such as determining the nature of trade secret infringement, protecting software technical measures, protecting new types of artistic works, handling service mark cases, and strengthening geographical indication protection, serving as a reference for procuratorial organs at all levels. (April 22, 2026, Supreme People’s Procuratorate)
Statistics
2025 China Customs IP Protection Status
Recently, the General Administration of Customs released Status of Intellectual Property Protection in China Customs in 2025.
Statistic shows that in 2025, Chinese Customs nationwide maintained a strong deterrent against infringement. Throughout the year, the Customs implemented 53,400 IP protection measures, seized 38,700 shipments and 86.42 million units of import/export goods suspected of infringement. IP rights holders from 57 countries and regions protected their rights through customs enforcement.
In 2025, there were 5,431 newly registered IP rights holder records, a year-on-year increase of 20.26%. Throughout the year, a total of 35,220 applications for IP customs protection recordal were received, exceeding 30,000 for the first time. A total of 27,553 recordal applications were approved, of which 19,930 were filed by domestic rights holders, a year-on-year increase of 24.38%. General guarantee applications from 162 IP rights holders were approved, a year-on-year increase of 14.89%.
In 2025, Chinese Customs actively performed the “cultural export” strategy, strengthening copyright protection for industries such as trendy toys and cultural and creative products. Throughout the year, 3,415 copyright recordal applications were approved, a year-on-year increase of 28.7%. Customs seized 710 shipments and 6.3002 million goods infringing copyright, representing year-on-year increases of 61.36% and 26.06% respectively, showing significant growth in protection. Customs also seized 38,400 shipments and 80.0032 million units of goods infringing trademark rights, and 15 shipments and 116,300 units of goods infringing patent rights.
Chinese Customs nationwide seized a total of 4,205 shipments of suspected infringing goods in freight channels, a year-on-year increase of 10.72%. Among these, 4,084 shipments were seized through ex-officio protection measures, accounting for 97.12% of the total shipments seized in freight channels, and involving over 83.7196 million units of suspected infringing goods, accounting for 99.83% of the quantity. Pursuant to the Administrative Penalty Discretionary Benchmark for the Customs Administration of the People’s Republic of China (No. 3), Customs nationwide, based on the law, did not impose administrative penalties on 3,178 shipments (29,100 units) involving minor or first-time infringement offenses, achieving a good effect of combining punishment and education, with continuously improving law enforcement outcomes.
Chinese Customs nationwide continuously strengthened port governance. In the cross-border e-commerce import sector, they seized 242 shipments and 318,900 units of suspected infringing goods, representing year-on-year increases of 2.6 times and 13.4 times respectively, driving a 14.81% year-on-year increase in the total number of seizure shipments in the import sector, highlighting the increasingly important role of this emerging channel. In the export sector, customs seized 38,300 shipments and 85.8193 million units of suspected infringing goods, remaining the primary focus of customs IP protection enforcement.
The eastern coastal region remained the main battleground for enforcement. Customs in Shanghai, Guangzhou, Shenzhen, Ningbo, Xiamen, Fuzhou, and others seized a total of 27,500 shipments and 84.2757 million units of suspected infringing goods, accounting for 71.10% and 97.51% of the national totals, respectively. Border area customs, such as Nanning and Kunming, seized 1,187 shipments (1.8691 million units). Central and western region customs, such as Zhengzhou, Wuhan, and Changsha, seized 10,000 shipments (275,100 units). Customs in Hohhot, Gongbei, Chongqing, and others saw their number of seizure shipments more than double year-on-year. Customs in Manzhouli, Chengdu, Urumqi, and others experienced significant increases in seizure quantities, indicating more balanced regional law enforcement.
New business models such as market procurement and cross-border e-commerce became key areas for customs IP protection. In 2025, Chinese Customs nationwide seized 1,542 shipments (37.8889 million units) of export suspected infringing goods under the market procurement trade method, representing year-on-year increases of 27.8% and 48.4%, respectively. These accounted for 36.67% and 45.18% of the total seizures in freight channel enforcement. In the cross-border e-commerce channel, customs seized 24,600 shipments of suspected infringing goods, roughly flat with 2024, making it the enforcement channel with the highest number of seizure shipments.
In terms of the number of seizure shipments, clothing, footwear, and hats; luggage and bags; and electronic appliances ranked in the top three, with 19,000, 8,000, and 3,000 shipments, respectively. In terms of the quantity seized, tobacco products, sports equipment, and clothing, footwear, and hats ranked in the top three, with 18.49 million, 15.04 million, and 11.42 million units, respectively. Among these, tobacco products saw a 3.1-fold increase compared to 2024. The overall structure of seized infringing goods remained stable with clear priorities. (April 23, 2026, General Administration of Customs,)
IP-related policy
SPP Issues First Chinese-English Bilingual White Paper on IP Prosecutorial Work (2025)
Recently, the Supreme People’s Procuratorate (SPP) released the White Paper on Intellectual Property Prosecution Work (2025). For the first time, an English version of the document was also made available on the SPP's official English-language website. The white paper uses data, charts and case studies to comprehensively demonstrate the significant progress made by procuratorial organs nationwide in serving the national innovation-driven development strategy.
The white paper provides an overview of procuratorates' law-based and comprehensive performance of their duties in criminal, civil, administrative, and public interest litigation concerning intellectual property rights (IPR) in 2025.
That year, procuratorates at all levels fully and accurately implemented the criminal policy of tempering justice with mercy and cracked down on IPR infringement crimes in accordance with the law. They accepted and reviewed 11,341 criminal cases involving IPR infringements, implicating 25,160 individuals, prosecuted 9,135 cases involving 19,102 individuals, and decided not to prosecute 5,105 individuals. Furthermore, procuratorial organs nationwide handled 1,251 IPR civil procuratorial cases and 1,795 IPR administrative procuratorial cases. They also received 741 leads for public interest litigation in the IPR field, leading to the filing of 612 cases. (April 21, 2026, Supreme People’s Procuratorate)
