EIP Coffee BreakUpdates and Changes
2021年8月24日

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.

其他文章

Foreign companies transferring IP out of China: things to know

2018年10月25日
Inventions made in China Most foreign companies with R&D sites in China are aware of the fact that inventors having inventions made in China have to obtain permission before they can file patent applications outside of China for these Chinese inventions. It doesn’t matter if the owner of the business is a foreign entity. Patent […]

Stealing Trade Secrets: How the Chinese Court Criminally Sentences Employees that Steal Trade Secrets - 2019 China’s Top 50 Representative IP Cases

2020年6月11日
The theft of trade secrets has always been a deep concern of foreign companies thinking of doing business in China, whether it be sharing protocols with a manufacturing partner, providing technology details to a potential investor, or sharing results from an R&D collaboration. How can businesses ensure that employees do not steal secrets and share […]

How the Chinese Patent Office Rejected a Plate-Making Method Based on Food Safety Law

2022年10月19日
Previously we published an article about CNIPA rejecting a patent application claiming a food that could also be used to treat or prevent diseases based on the food’s alleged non-compliance with Food Safety Law. China’s Food Safety Law includes a provision which states any use of a composition as a food must be strictly separated […]

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

2021年8月13日
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 […]

我们的过去活动

Top crossarrow-right