EIP Coffee BreakUpdates and Changes
24 August 2021

China Finally Clamps Down on Facial Recognition Technology

Snippets of Court Cases, Provisions, and Key Observations about China’s IP Landscape

Around the end of July 2021, the Supreme People’s Court issued a new Provision concerning the application of law about a super-hot technology, facial recognition. This Provision is a legal explanation from the SPC explaining how the law should be applied or interpreted in a litigation.

This Provision emphasizes that facial information is sensitive biometric information. It is considered a type of personal information having the strongest social attributes, yet at the same time it is very easy to collect. It is fundamentally unique and unchangeable. Once leaked, it will cause extreme damage to individuals’ personal safety and property, and may even threaten public safety. Most importantly, the Provision emphasizes that protection of personal information is of great importance, and provides a lot more clarity on how various types of facial recognition technology would be considered with respect to their impact on an individual’s personal privacy rights.

We welcome such a change: China is finally becoming serious about personal information protection after so many years. This Provision will have a huge impact on the implementation of patents that use facial recognition technologies, and in turn will affect the value of such patents. As for whether it will affect such patent applications from the administrative order level, we will observe and see what happens now that the Provision has formally been implemented (1 Aug 2021).

Source: 最高法发布审理使用人脸识别技术处理个人信息相关民事案件的司法解释

About the Authors

Yolanda Wang is a Principal, Chinese Patent Attorney, and Chinese Patent Litigator at Eagle IP, a Boutique Patent Firm with offices in Hong Kong, Shenzhen, and Macau.

This article is for general informational purposes only and should not be considered legal advice or a legal opinion on a specific set of facts.

Other Articles

What Kind of Damage Awards Can You Get in China?

16 June 2022
Is it worth filing for a patent in China? What kind of damage awards can you get? Pharma companies care more about injunction than damage awards, since it’s quite unlikely that any damage award can compensate for the large amounts of money that may be lost for patent infringement. Chinese courts often issue injunctions in […]

What is the difference between an Invention Patent and a Utility Model Patent?

13 August 2021
There are two types of patent protection in China. Invention patents (similar to a US utility patent) have a term of 20 years from the date of filing and may be granted for both methods and products. Utility model patents (similar to a petty patent) may be granted in China for technical solutions that relate […]

Everything you need to know about Patent Term Adjustment (PTA) in China

7 May 2024
We previously discussed patent term compensation for patent office delay (‘Patent Term Adjustment’ or ‘PTA’) when such new system was introduced in the Fourth Amendment of the Chinese Patent Law (2020), as well as in the different versions of the Draft Examination Guidelines released in 2021 and 2022. In this article, we consolidate everything you need to […]

Why Do Examiners Fail to Recognize the Importance of my “Parameter Features”?

28 May 2025
The Impact of Parameter Features on Inventiveness ”Parameter features” – numerical or mathematical expressions that define the quantity or physical properties of a subject – frequently appear as technical features within a claim. Often described as numerical ranges or measurements, they frequently play a critical role in addressing technical problems. However, in practice, Examiners and […]

Our Past Events

Top crossarrow-right