On November 27, 2023 the Beijing Internet Court issued a decision recognizing copyright in AI-generated images. The plaintiff, Mr. Li, used Stable Diffusion (an artificial intelligence) to generate the image involved in the case and published it on the Xiaohongshu platform; the defendant, a blogger on Baijiahao, used the image generated by the plaintiff’s AI to accompany the article, and the plaintiff sued. The Court held that the artificial intelligence-generated image involved in the case met the requirements of “originality” …
China’s National Intellectual Property Administration: “Swing your sword and punch hard!” China Cracks Down on Fake Patent Agents
On November 27, 2023, China’s National Intellectual Property Administration (CNIPA) announced 57 administrative penalty cases for unqualified patent agents (unauthorized practice of patent law) under the Blue Sky program. This is the fourth batch with similar announcements made in April 2023, January 2022, and March 2021. This fourth batch listed 57 institutions and individuals in 13 provinces, with fines and confiscation of profits totaling 5.29 million RMB (~$746 thousand USD).
New Balance Scores 30 Million RMB in TM Infringement Case at China’s Supreme People’s Court
In a decision dated September 26, 2023, China’s Supreme People’s Court (SPC) affirmed a decision for trademark infringement and unfair competition against Jiangxi New Balance Leading Sporting Goods Co., Ltd. (与上诉人江西新百伦领跑体育用品有限公司) and Guangzhou New Balance Leading Shoes Co., Ltd. (广州新百伦领跑鞋业有限公司). The SPC calculated damages as 29.04 million RMB and 1 million RMB for attorney and related fees.
U.S.-China Economic and Security Review Commission Releases 2023 Report to Congress
The U.S.-China Economic and Security Review Commission recently released the 2023 Report to Congress. With respect to intellectual property law, the Report’s Chapter 2, Section 1 is entitled “Rule by Law: China’s Increasingly Global Legal Reach” and discusses China recent trend of Chinese courts setting global royalty rates in standard essential patent SEP litigation and the concurrent use of anti-suit injunctions to enforce those rates. The relevant section is reproduced below (minus footnotes). The full report is available here.