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

Can Post Filing Data Overcome Inventive Step in China?

19 November 2018
Since 2010, the Patent Re-examination Board (PRB) has published the top 10 patent invalidation cases of the year in April of each year. The selection criteria are high social concern, significant impact on the related industry, or involve difficult legal issues and important examination criteria. Below is one of the top 10 cases that discusses […]

2020 China Top 10 IP Cases: Winners’ Sun is truly a Winner: A Simple Selfie-Stick Utility Model Patent Crushes Infringers in China

2 August 2021
Each year The Intellectual Property Tribunal of the Supreme People’s Court releases a list of top 10 technical intellectual property rights court case decisions. The 2020 list came out a few months ago, and we have been highlighting some of these cases. Today, we will cover a utility model patent infringement case. As one of […]

The Secret Prior Art Trap: A Case Study on Conflicting Applications in China

13 November 2025
In patent prosecution, the concept of a "conflicting application" or “secret prior art” plays a critical role in determining the patentability of an invention. This article explores the framework for assessing conflicting applications under Chinese patent law, with a comparative perspective on the approaches adopted in the United States. Case Background: The Image Encoding Dispute […]

New Policies to Promote Importation of Innovative Drugs

8 November 2018
At the April 12, 2018 executive meeting of the State Council in China, Premier Mr. Li Keqiang indicated the government’s desire to increase China’s access to innovative drugs. To achieve this, the government would encourage importation of innovative drugs into China by streamlining the regulatory pathway, enhancing IP protection, and lowering the cost of medicine. […]

Our Past Events

Top crossarrow-right