{"id":87742,"date":"2024-10-08T13:33:47","date_gmt":"2024-10-08T13:33:47","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=87742"},"modified":"2025-08-20T08:38:19","modified_gmt":"2025-08-20T08:38:19","slug":"china-advertising-marketing","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/china-advertising-marketing\/","title":{"rendered":"China: Advertising &amp; Marketing"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-87742","comparative_guide","type-comparative_guide","status-publish","hentry","guides-advertising-marketing","jurisdictions-china"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Fangda Partners<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2022\/05\/Fangda_logo.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Fangda Partners<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2022\/05\/Fangda_logo.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Advertising &amp; Marketing laws and regulations applicable in China<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please provide a brief overview of the legal and regulatory framework governing advertising and marketing in your market. In particular, please explain if there is a self-regulatory system, a statutory system and\/or ability for competitors or consumers to bring claims against advertisers.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main regulations regarding advertising and marketing in China include but are not limited to the <em>Advertising Law<\/em>, the <em>Law Against Unfair Competition<\/em> and the <em>Law on the Protection of Rights and Interests of Consumers. <\/em>The regulatory framework established by these regulations can be summarized into the following aspects: (i) for procedural requirement, certain advertisements such as advertisements for medical treatment shall be approved before being published; (ii) for formality requirement, any advertisement published on mass media shall be conspicuously indicated as an &#8220;advertisement&#8221;; (3) for content requirements, advertisements shall be clear and accurate; false advertising, usage of superlative wording, advertisements with incorrect political orientation and other illegal advertisements are prohibited from being published; moreover, patent information, sources of quoted contents, information about free gifts and other important information are required to be clearly shown in the advertisement.<\/p>\n<p>Competitors can bring claims against advertisers under the <em>Law Against Unfair Competition. <\/em>For instance, if the advertisers published comparative advertising that disparages the goods or services of other competitors, the advertisers could be held liable for unfair competition.<\/p>\n<p>Consumers can bring claims against advertisers for the violation of consumers\u2019 rights under the <em>Law on the Protection of Rights and Interests of Consumers, the Advertising Law, etc., <\/em>mostly based on the rule that the advertiser shall compensate the consumers three times the product price in the case of fraud<em>. <\/em>For acts that cause harm to public interest, Consumer Protection Association or Public Prosecutor\u2019s Office may file a public interest litigation against the advertisers. In 2018, the People\u2019s Procuratorate of Changzhou City, Jiangsu Province, filed a lawsuit on behalf of consumers against a company that published false advertising, and the court eventually held that the company should compensate consumers about 70 million RMB.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please comment on how active the regulators are in your market, in practice, when it comes to regulating advertising and marketing.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Chinese market, regulatory authorities are increasingly leveraging advanced technologies such as big data analytics and artificial intelligence to improve the efficiency and accuracy of their supervisory efforts. These technologies have enabled real-time monitoring of advertisements across various platforms; rapid identification and analysis of potentially illegal or non-compliant content; and timely intervention and enforcement actions when violations are detected.<\/p>\n<p>Complementing these technological efforts is the growing influence of professional whistleblowers (<em>i.e.<\/em>, professional consumers). These individuals have emerged as a significant force in regulatory compliance, often operating at a large scale, potentially reporting tens of thousands of cases annually. Their primary motivation is often financial, seeking rewards or settlements from reported violations. They predominantly focus on advertising violations, and many utilize technological tools to enhance their reporting capabilities. Regulatory authorities must respond judiciously to whistleblower reports, as their decisions can be subject to further scrutiny. If a professional whistleblower is dissatisfied with a regulatory authority&#8217;s decision not to impose penalties, they may file petitions for reconsideration or initiate legal proceedings to challenge the decision. This dynamic creates a complex regulatory landscape where authorities must balance the benefits of increased vigilance with the need for fair and efficient enforcement processes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do different rules apply to different media (e.g. television broadcast, streaming, online, cinema, print, out-of-home, email marketing, etc)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The general rules for advertising remain consistent across mediums, but with several exceptions, such as: (i) advertisements on the internet should be conspicuously indicated as an &#8220;advertisement&#8221;; (ii) outdoor advertising typically requires facility approval; (iii) email marketing is also subject to particular regulations.<\/p>\n<p>Notably, the application scope of China\u2019s <em>Advertising Law<\/em> is broader than commonly perceived. Article 2(1) of the <em>Advertising Law<\/em> states that \u201c<em>within the territory of the People\u2019s Republic of China, this Law shall apply to commercial advertising activities in which commodity operators or service providers directly or indirectly introduce the commodities or services they promote through certain media and forms.<\/em>\u201d Such application scope may encompass a company\u2019s own website, social media group chats, and product descriptions in conference materials, all of which could potentially be classified as advertising. Moreover, China\u2019s <em>Advertising Law<\/em> does not require that advertisements must be directed to unspecified consumers. For example, promotional content targeting a specific group of people on private social media accounts would also be subject to the <em>Advertising Law<\/em>.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it necessary to have advertisements pre-cleared\/pre-approved in your market by a relevant authority, regulator or other body before they are published\/broadcast, either generally or in relation to particular media, sectors, products, individuals\/businesses, etc? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the context of advertising regulation, there are distinct requirements for general advertisements and those in specialized categories.<\/p>\n<ol type=\"i\">\n<li>For general advertisements, Article 34 (2) of the <em>Advertising Law<\/em> stipulates that advertising agents are prohibited from providing design, production, or agency services for advertisements that: (i) contain false or misleading content; (ii) lack complete supporting documentation. Specifically, the <em>Advertising Law<\/em> imposes significant responsibilities on both advertising agents and publishers. These responsibilities include: (i) thorough examination of relevant supporting documentation; (ii) rigorous verification of advertisement content. Further, advertisement publishers are similarly prohibited from spreading such advertisements<\/li>\n<li>For specialized advertisements, certain categories of advertisements are subject to more stringent regulations. Article 46 of the <em>Advertising Law<\/em> delineates specific sectors requiring pre-publication review, including: medical treatments, pharmaceutical products, medical devices, pesticides, veterinary drugs, health foods and other categories as stipulated by laws and administrative regulations. The regulatory framework for these specialized advertisements is further elaborated in the <em>Interim Measures for the Review and Administration of Advertisements for Drugs, Medical Devices, Health Foods, and Formula Foods for Special Medical Purposes<\/em>. This document provides comprehensive guidelines and procedural requirements for the review and administration of advertisements in these sensitive sectors.<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Focusing on misleading claims\/marketing, please explain how these are regulated in your market.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>China has established a robust legal framework to regulate advertising practices. The <em>Advertising Law<\/em> mandates that advertisement content must be truthful and lawful, prohibiting false or misleading information that could deceive or mislead consumers. <em>Law Against Unfair Competition<\/em> forbids operators from using advertisements or other methods to disseminate false or misleading commercial information about product performance, functions, quality, sales status, user evaluations, or honors, with the intent to deceive or mislead consumers.<\/p>\n<p>Misleading advertisements is regarded as a subset of false advertising, have garnered increased regulatory scrutiny in recent years. Common types include the followings:<\/p>\n<ol type=\"i\">\n<li>One-sided promotion or comparison: Highlighting only product advantages while emphasizing competitors&#8217; disadvantages, despite both having pros and cons. For example, an air conditioner advertisement claiming &#8220;one kilowatt-hour a night&#8221; energy consumption, which is achievable only under specific conditions.<\/li>\n<li>Presenting inconclusive scientific opinions as facts: Using scientifically debated topics as definitive claims in product promotion. For instance, emphasizing the benefits of high-dose vitamin D supplementation despite ongoing scientific controversy.<\/li>\n<li>Ambiguous language in promotion: Using unclear or double-meaning expressions that can be interpreted differently by consumers and advertisers. For example, the phrase \u201cbuy house, get furniture\u201d can be interpreted by some consumers as getting free furniture as a gift, but can also be interpreted by others as getting furniture delivery service.<\/li>\n<li>Evocative language creating unwarranted associations: Using terminology that leads consumers to infer unsubstantiated product benefits. For example, the phrase &#8220;good dreams&#8221; in product promotion might imply sleep-enhancing function.<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is advertising that is (or may be) harmful or offensive managed in your market?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The harmful or offensive advertising can be categorized into two kinds: (i) advertising with incorrect political orientation; and (ii) advertising against public order and morals. These two kinds of harmful or offensive advertising have become the focus of the recent legal enforcement practice and shall be paid extra attention in business operation.<\/p>\n<p>For instance, the advertisements with the following contents would be considered as advertising with incorrect political orientation: (i) listing Taiwan alongside China as a country; (ii) using a map without the nine-dash line in the South China Sea; (iii) emphasizing the appeal of the former French Concession. Examples of advertising against public order and morals include but are not limited to: (i) containing sexually provocative contents; (ii) making inappropriate comments on natural disasters; (iii) implying sexism stereotypes; (iv) encouraging hazardous activities.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there special rules, or is there special guidance, relating to price claims in your market, such as discounts, sales, limited offers? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The <em>Pricing Law<\/em>, the <em>Provisions on Clearly Marking Prices and Prohibiting Price Frauds<\/em> and other regulations have provided specific requirements for price claims. According to these regulations, discounts shall come with a clear price benchmark, such as the original price or the average price over the previous seven days. Price frauds of luring consumers or other business operators into trading by false or misleading price claims are strictly prohibited.<\/p>\n<p>The <em>Interim Provisions for Regulating Promotional Activities<\/em> applies to promotional activities in the form of prize-giving sale, price, free trial, etc. Prize-giving sale rules are applicable not only under the occasions of sales, but also under any circumstances where business operators try to grab consumers\u2019 attention by offering prizes. According to Article 17 of the <em>Interim Provisions for Regulating Promotional Activities<\/em>, for prize-attached sales in form of lucky draws, the amount of the highest prize shall not exceed 50, 000 RMB. Besides, business operators are required to disclose information such as promotional activities rules, promotion period and any restrictive conditions unfavorable to consumers.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are misleading environmental claims regulated in your market? Are there special rules or is there special guidance relating to environmental claims in your market? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no special rules for environmental claims in China. However, environmental claims shall also follow the basic rules of authenticity and legality, <em>i.e.<\/em>, such claims shall be well grounded in scientific and factual basis and shall avoid being misleading. For instance, if the advertisement for a cosmetic product contains a claim of \u201cprotecting the ocean\u201d, while this product only results in little less pollution to the ocean compared to the other products, such claim could be found to be misleading. Similarly, if an advertisement claims \u201cwe have doubled the amount of recycled content in our products\u201d when only a small percentage of recycled content was used to begin with, such claim could also be considered false advertising that misleads consumers.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main sectors or product types where advertisements are either prohibited or tightly restricted (e.g. alcohol, tobacco\/smoking, gambling, crypto, unhealthy food and drink). Please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Advertisements for the following kinds of products are prohibited in China\uff1a<\/p>\n<ol type=\"i\">\n<li>Special Drugs: Articles 15 and 16 of the <em>Advertising Law<\/em> prohibit advertisements for narcotic drugs, psychotropic drugs, toxic medical drugs, radioactive drugs, and treatments for drug rehabilitation.<\/li>\n<li>Tobacco Products: Article 22 of the <em>Advertising Law<\/em> bans tobacco advertisements in mass media, public places, public transportation, and outdoors. The State Administration for Market Regulation (SAMR) extends this prohibition to e-cigarettes and internet advertising.<\/li>\n<li>Gambling: As an illegal activity, advertisements for gambling supplies and services are strictly prohibited.<\/li>\n<li>Illegal Products: Advertisements for products the production or sale of which is prohibited by law, including firearms, ammunition, controlled knives, drugs, and state-protected wild animals, are forbidden.<\/li>\n<\/ol>\n<p>Advertisements for the following kinds of products are restricted in China\uff1a<\/p>\n<ol type=\"i\">\n<li>Alcohol: Article 23 of the<em> Advertising Law<\/em> mandates that alcohol advertisements must not encourage consumption or promote excessive drinking.<\/li>\n<li>Cryptocurrencies: While not explicitly prohibited, cryptocurrency advertisements face indirect restrictions due to tightened regulations on cryptocurrency-related businesses.<\/li>\n<li>Unhealthy Foods: Advertisements for high-calorie, high-fat, and high-sugar foods and beverages must not exaggerate health benefits.<\/li>\n<li>Special Food Products: Advertisements for products like baby food require extra caution. For instance, no formula milk powder for infants of 0-12 months may be published and no milk powder may be claimed to be a full or partial substitute for breast milk in any advertisement.<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there special protections for children? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Special protections for children in respect of advertising and marketing can be summarized into the following aspects:<\/p>\n<ol type=\"i\">\n<li>Age Restrictions for Advertising Spokespersons: The <em>Advertising Law<\/em> explicitly prohibits the use of minors under the age of ten as advertising spokespersons. This aligns with China&#8217;s civil law, which considers children under 10 as lacking civil capacity and unable to discern the implications of their actions.<\/li>\n<li>Restrictions on Advertising Locations: Advertising activities are strictly forbidden in primary and secondary schools and kindergartens. This includes billboards, leaflet distribution, and any other form of advertising. It is also prohibited to publish or disguise advertisements in teaching materials, aids, exercise books, stationery, school uniforms, and school buses of primary and secondary school students together with young children, with the exceptions of public welfare advertisements.<\/li>\n<li>Content Restrictions for Advertisements Targeting Minors: According to Article 10 of the <em>Advertising Law<\/em>, advertisements must not harm the physical and mental health of minors and persons with disabilities. To implement this general principle, mass media aimed at minors are prohibited from publishing advertisements for: medical treatments, drugs, health food, medical devices, cosmetics, alcohol, beauty care or online games detrimental to minors&#8217; health. Moreover, advertisements targeting minors under 14 must not: (i) persuade children to ask parents to purchase advertised goods or services; (ii) encourage imitation of unsafe behaviors.<\/li>\n<li>Special Provisions: Special provisions for children protection are associated with certain products, including but not limited to: (i) sending tobacco advertisements to minors is strictly forbidden; (ii) advertisements for children&#8217;s cosmetics must display the State Drug Administration&#8217;s children&#8217;s cosmetics logo on packaging; should include warning terms such as &#8220;use under adult supervision&#8221; and cannot be labeled as &#8220;food-grade&#8221; or &#8220;edible&#8221;.<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules or restrictions relating to unhealthy food and drink, such as \u2018junk food\u2019? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no special rules specifically targeting unhealthy food and drink in China. However, general advertising and food safety laws apply, including but not limited to:<\/p>\n<ol>\n<li>The general authenticity and legality requirements under the <em>Advertising Law<\/em>;<\/li>\n<li>The detailed regulations under the <em>Food Safety Law, <\/em>in respect of contaminants, additives, nutritional composition, etc. Unhealthy foods and beverages must comply with national food safety standards regarding additives, sugar, and fat content to ensure they do not pose health hazards to consumers. For unhealthy foods and beverages, key nutrients like sugar and fat content should be clearly marked on their labels to enable consumers to make informed choices.<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules or restrictions relating to influencer marketing? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The rules for influencer marketing in China can be summarized as follows:<\/p>\n<ol type=\"i\">\n<li>If the influencer is promoting the product as commissioned by the advertisers, such promotion might constitute an advertisement and should be conspicuously indicated as an \u201cadvertisement\u201d. The actual risk of influencer marketing being rendered as advertisements depends on the possibility of consumers\u2019 awareness of the advertisers\u2019 commission. For instance, if the purchase methods of the product such as a link to the online store is attached under the influencer\u2019s video, it is highly possible for such a video to be regarded as an advertisement published under the commission of the advertiser.<\/li>\n<li>Under Chinese law, an influencer who participates in a product promotion campaign may be considered an endorser. Although the contract between the influencer and the advertiser may not be in the name of endorsement, this does not change the substantive nature of the agreement. An influencer\u2019s behavior of posting reviews of a product through a public account with a certain number of followers is likely to constitute endorsement activity. Accordingly, influencers who fail to fulfill their duty of care as advertising endorsers will face corresponding penalties.<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do influencers require a licence, permit or other official permission before they can operate in your market as advertisers\/marketers\/brand ambassadors or similar?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Marketing on behalf of others does not require relevant qualifications. However, operators conducting their own business activities need the appropriate qualifications.<\/p>\n<p><em>E-commerce Law<\/em> clarifies that individuals engaging in business activities through platforms like WeChat Moments or live streaming are considered e-commerce operators. These individuals must register as market entities according to the law. This means that influencers and other individuals involved in such business activities must apply for a business license.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main or most common IP considerations advertisers should keep in mind in your market?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main IP considerations for advertisers include the following aspects:<\/p>\n<p>i. Trademark Right Issues:<\/p>\n<ul>\n<li>Trademark infringement: Advertisements must use legally authorized trademarks and avoid infringing on others&#8217; registered trademark rights. The advertisement content should not extend the use of a registered trademark to goods or services already registered by others, as this may constitute infringement.<\/li>\n<li>Fair use of trademarks: Even with authorization to use a trademark, advertisers must adhere to fair use principles, not exceeding the scope of authorization or violating contractual terms.<\/li>\n<\/ul>\n<p>ii. Copyright Issues<\/p>\n<ul>\n<li>Copyright of visual and audio materials: Pictures, fonts, music, and other materials used in advertisements should have proper authorization from the copyright owners. Unauthorized use of others&#8217; works may constitute infringement.<\/li>\n<li>Originality requirement: Advertisement content should be original, avoiding copying or imitating others&#8217; advertising ideas and expressions.<\/li>\n<\/ul>\n<p>iii. Patent Right Issues<\/p>\n<ul>\n<li>Standardized use of patent logos: When including patent logos in advertisements, advertisers must obey relevant laws and regulations to ensure accuracy and standardization.<\/li>\n<li>Territorial nature of patents: Patents claimed in Chinese advertisements are generally interpreted as valid patents within China. Advertising foreign patents in China carries certain risks due to the territorial nature of patent rights.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is comparative advertising permitted in your market? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Comparative advertising is permitted in the Chinese market, but with strict restrictions. Besides the legality and authenticity requirements for regular advertising, comparative advertising is subject to other limits according to Article 13, 16, 18 and 31 of the <em>Advertising Law<\/em>: (i) advertisements shall not disparage the goods or services of other manufacturers or business operators; (ii) advertisements shall not be used in any form of unfair competition in advertising activities; (iii) comparative advertising is generally prohibited in the advertisements for medical treatment, drugs, medical devices and healthcare food. Therefore, the use of comparative advertising requires a high degree of caution. Advertisers shall pay special attention to the determination of the comparator, the analysis of differences between the subjects, the design of comparative experiments and consumer tests and the wording of the advertisements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules relating to \u2018image rights\u2019 in your market that advertisers should be aware of?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The general principles relating to \u201cimage rights\u201d in Chinese market are that (i) without the consent of the image rights holder, the image shall not be produced, used or publicized; (ii) no organization or individual may infringe upon the image rights of any other person by vilifying, defacing, forging by means of information technology or otherwise. In particular, even if the image is shown in the form of a cartoon character, when the character can be clearly associated with a specific person, the rules of the image rights would apply equally.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there rules relating to perpetuating potentially harmful stereotypes, such as gender stereotypes, racial stereotypes, religious stereotypes, and so on in your market? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Prohibition on harmful stereotypes can be found in different laws and regulations. Article 9 of the <em>Advertising Law<\/em> stipulates that advertisements shall not contain ethnic, racial, religious or gender discrimination contents; the <em>Law on the Protection of Rights and Interests of Women <\/em>prohibits discrimination and prejudice based on gender; the <em>Criminal Law<\/em> stipulates the crimes of incitement to ethnic hatred and ethnic discrimination. There are several cases of well-known brands in the Chinese market engaging in promotional activities related to harmful stereotypes, such as \u201cDarkie\u201d toothpaste changing the brand name due to the implication of black people; \u201cBlue moon\u201d laundry detergent being criticized for the advertisement \u201cmake mom\u2019s laundry easier, less strenuous, and less stressful\u201d as it suggested stereotypes of women.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What has been the main impact AI has had on the advertising and marketing content and regulation in your market so far, and what impact is it likely to have in the coming year or two?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For the advertising and marketing content, AI can enhance marketers&#8217; understanding of consumer behavior through data analytics and pattern recognition, enabling personalized marketing strategies. This hyper-personalization improves customer loyalty, conversion rates, and satisfaction. For example: AI analyzes browsing and purchase history to recommend products or push customized ad content on social media. Major e-commerce platforms and social media widely adopt AI to improve content recommendation accuracy and effectiveness. Moreover, AI application improves content creation efficiency and reduces labor costs.<\/p>\n<p>For the regulatory impact of AI, AI has been widely applied in advertising compliance review using the technology of natural language processing and image recognition, which has improved the efficiency and accuracy of advertisement review. AI is also used to build intelligent regulatory systems that monitor and analyze advertising market dynamics in real-time, enabling the regulators to detect and address violations promptly.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are regulators in your market currently utilising AI or new technologies in their regulatory activities in your market?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>AI tools are currently being piloted for the law enforcement in the Chinese market and are expected to be fully rolled out in the near future. For example, AI detection of illegal advertising in the live streaming marketing campaigns is widely used by the regulators with an accuracy rate of around 90%. An increasing amount of administrative investigation cases have been triggered because of the application of AI tools.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main hot topics, challenges and opportunities facing advertisers in your market (now or in the near future) from a legal\/regulatory point of view? Also, there any significant updates or changes to the law, rules, sanctions, regulators or anything else due in your market in the near future that readers should keep in mind?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Marketing and advertising are becoming increasingly important as competition intensifies in the Chinese market. The growing demand for effective advertisement from business departments has posed more challenges for companies\u2019 legal compliance. It is suggested that companies should improve and refine the compliance process and standards for advertising review to avoid potential legal risks.<\/p>\n<p>The development of new forms of advertising and marketing, such as live streaming, has brought both opportunities and challenges to the advertises. The challenge mainly lies in the fact that the huge volume and immediacy of live streaming make the prior review almost impossible. Advertisers can also utilize the AI review tool to improve advertising review efficiency, including real-time monitoring by AI tools on live streaming sites with suggested wording modifications.<\/p>\n<p>With more advertisements being published by outsourcing operators, routine advertisement compliance spot checks are recommended for advertisers to manage compliance risks. Additionally, as professional whistle blowers become increasingly active, advertisers shall pay particular attention to advertising compliance and related file management.<\/p>\n<p>The next major regulatory update is the revision of the <em>Law Against Unfair Competition<\/em>, which relates to the scope of application of the <em>Advertising Law.<\/em> It is a controversial topic now whether the draft revision of <em>Law Against Unfair Competition <\/em>will exempt the self-organized websites from the application scope of the <em>Advertising Law.<\/em> Advertisers in Chinese market should pay special attention to the following discussion of such issues.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4109<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/87742","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=87742"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}