In a decision dated September 21, 2023 and only just released, China’s Supreme People’s Court (SPC) ruled for Château Lafite Rothschild upholding a judgement of 79.17 million RMB. The plaintiff in the first instance, Château Lafite Rothschild, believed that Golden Hope Company (南京金色希望酒业有限公司), Chateau Lafite Company (南京拉菲庄园酒业有限公司), Huaxia Company (南京华夏葡萄酿酒有限公司), Junteng Company (深圳市骏腾酒业有限公司), Perun Company (杭州佩伦贸易有限公司), Zui Niu Company (北京醉牛酒业有限公司), and Jiu Sheng Company (上海久圣酒类有限公司) used “LAFEI MANOR” and “拉菲庄园” to infringe on its trademark rights and damage the reputation …
Category: Case
China’s Supreme People’s Court Upholds 201.54 Million RMB Trade Secret Verdict
In what is believed to be the largest Chinese trade secret misappropriation verdict ever, China’s Supreme People’s Court affirmed a ruling in favor of Sennics Chemical Technology Co., Ltd. for 201.54 Million RMB against Chen XX and Yuncheng Jinteng Chemical Technology Co., Ltd. (运城晋腾化学科技有限公司).
China’s Supreme People’s Court Clarifies Conditions Needed to Prove Patent Infringement Lawsuit Filed in Bad Faith
In a decision decided August 10, 2023 and partially published January 9, 2024, the Supreme People’s Court (SPC) clarified when a patent infringement lawsuit is determined to be in bad faith. The Supreme People’s Court held that the following elements should be satisfied for determining an intellectual property rights action is brought in bad faith: (1) the action brought obviously lacks a right basis or factual basis; (2) the plaintiff is aware of the fact; (3) the action has caused …
Beijing Internet Court Releases Translation of Li vs. Liu Recognizing Copyright in Generative AI
Per Yuan Hao of Berkeley Law, the Beijing Internet Court recently released a translation of Li vs. Liu in which the Court recognized copyright in images created by generative AI. The plaintiff, Mr. Li, used Stable Diffusion (an artificial intelligence) to generate the image involved in the case and published it on the Xiaohongshu (Little Red Book) platform; the defendant, a blogger on Baijiahao, used the image generated by the plaintiff’s AI to accompany the article, and the plaintiff sued. …