In what is believed to be a case of first impression in China, on March 31, 2025, the Beijing IP Court, on appeal, ruled that Douyin (TikTok) was entitled to protection of its artificial intelligence (AI) transformation model under Article 2 of the Anti-Unfair Competition Law but not under Copyright Law. Specifically, the Beijing IP Court upheld the original judgement against the defendant/appellant Yiruike Information Technology (Beijing) Co., Ltd. (亿睿科信息技术（北京）有限公司) for violating Douyin’s competitive interest in its transformation model with the …
Category: Case
China’s Supreme People’s Court Releases Fifth Batch of Typical Cases of Seed Industry Intellectual Property Protection
On March 19, 2025, China’s Supreme People’s Court (SPC) released the Fifth Batch of Typical Cases of Seed Industry Intellectual Property Protection By People’s Courts (人民法院种业知识产权司法保护典型案例 (第五批)). The Fifth Batch includes 15 typical cases of judicial protection of seed industry IP concluded in 2024 including 13 civil cases, 1 administrative case and 1 criminal case. While not a common law system, China uses typical cases to “guide” the lower courts and public.
5-Year Prison Term for Counterfeiting Burberry in China
On March 13, 2025, the Shanghai Procuratorate Third Branch announced that the Shanghai Third Intermediate People’s Court upheld a 5-year prison term and 2 million RMB fine for the crime of counterfeiting registered trademarks belonging to Burberry. In 2021, the defendant, Gong XX, resumed operating an online store “XXX Overseas Shopping” and started selling counterfeit Burberry brand clothing. The cost of making a single piece of clothing involved in the case ranged from 500 to 700 RMB, but the selling …
Chinese Court Again Rules AI-Generated Images Are Eligible for Copyright Protection
On March 7, 2025, the Changshu People’s Court announced that it had ruled that images generated with Artificial Intelligence (AI) are eligible for copyright protection. This is believed to be the second case regarding AI-generated images with the Beijing Internet Court ruled similarly in late 2023. In the instant case, Lin XX generated an image of a half heart in a city waterfront using Midjourney and further used Photoshop to edit the image. An unnamed Changsha real estate company then used …