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National Law Review
National Law Review
6/29/2026
China’s Supreme People’s Procuratorate Releases Typical Cases of Malicious Intellectual Property Litigation

China’s Supreme People’s Procuratorate Releases Typical Cases of Malicious Intellectual Property Litigation

Short summary

China's Supreme Procuratorate published five enforcement cases targeting malicious IP litigation, where companies filed suits with invalid patents or at strategic moments (competitor IPOs) to extract payments or disrupt rivals. The guidance sets standards for identifying bad-faith enforcement and establishes supervision procedures for procuratorates nationwide, directly impacting founders and analysts competing in or against China.

  • Five cases illustrate malicious IP enforcement: filing with invalid patents, suing during competitor IPOs, trademark stockpiling without use
  • Procuratorate establishes standards and supervision mechanisms to identify and punish bad-faith litigation
  • Critical regulatory context for startups and companies operating in China or competing against Chinese firms

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