In recent decision (2025) 沪0101 民初14775 号, the Shanghai Huangpu District People’s Court held that prompts fed into a generative AI were not subject to copyright protection. In 2022, the plaintiff created six sets of English-language prompts and input them into the Midjourney AI image generation platform using the account “BYShanC.” The prompts directed Midjourney to generate Art Nouveau-style illustrations of fantasy natural subjects — jellyfish, butterflies, gem trees, mushrooms, koi fish — in the style of Alphonse Mucha, rendered …
Category: Case
China’s Supreme People’s Court Releases 49th Batch of Guiding Cases – “Strengthening Judicial Protection of IP Rights for Scientific and Technological Innovation”
On February 28, 2026, China’s Supreme People’s Court (SPC) released the 49th batch of Guiding Cases focusing on strengthening judicial protection of intellectual property rights for scientific and technological innovation (最高法发布“加大科技创新知识产权司法保护力度”指导性案例). While China is not officially a common law country, the SPC releases guiding cases to promote uniformity, consistency, and predictability in legal application across the country. The guiding cases function as precedents that help judges fill gaps in legislation, handle complex or new types of cases, and standardize judicial …
China’s State Administration for Market Regulation Releases Batch of Typical IP Enforcement Cases for 2025
On February 6, 2026, China’s State Administration for Market Regulation (SAMR) released a batch of intellectual property enforcement cases for 2025 (市场监管总局公布一批知识产权执法典型案例). SAMR provides an administrative route for the enforcement of intellectual property in China in addition to civil and criminal enforcement mechanisms. SAMR stated that these cases were released to “fully demonstrate the firm resolve and remarkable achievements of market supervision departments in severely cracking down on infringement and counterfeiting and maintaining a fair and competitive market order.” Further, …
China’s State Administration for Market Regulation Releases Five Typical Cases of Unfair Competition in Artificial Intelligence
On February 6, 2026, China’s State Administration for Market Regulation (SAMR) released five typical cases of unfair competition in the field of artificial intelligence (市场监管总局公布五起人工智能领域不正当竞争典型案例). SAMR provides an administrative route for the enforcement of intellectual property in China in addition to civil and criminal enforcement mechanisms. SAMR released these cases to “effectively guide business entities to operate legally and compliantly and maintain the healthy development of the artificial intelligence industry.”