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. …
Category: Case
China’s Supreme People’s Court Sets Low FRAND Rate in Another OPPO Case
Fresh off OPPO’s victory at the Chongqing No. 1 Intermediate People’s Court in a global Fair Reasonable and Non-Discriminatory (FRAND) standard essential patent (SEP) rate setting case, the Supreme People’s Court (SPC) of China set a low rate in another case for six Chinese SEPs 99813601.8、00815854.1、99813602.6、99813640.9、01803954.5 and 99813641.7 related to the Adaptive Multi-Rate Wideband (AMR-WB) standard. The SPC ordered OPPO to pay Advanced Codec Technologies LLC (ACT) 15,390,527 RMB (~$2.165 million USD) or $0.008 per unit, with an average licensing …
4.5 Year Prison Sentence and 5.5 Million RMB Fine in China Disney Criminal Trademark Case
According to information released January 9, 2024 by the Shanghai Pudong Procuratorate (浦东检察 ), three criminal defendants were sentenced to up to 4.5 years in prison with a 5.5 million RMB fine for selling 830,000 pieces of counterfeit Disney clothing with a sales amount was more than 17 million RMB. This follows a previous criminal case in Shanghai for selling counterfeit Disney plush tolls and multiple Customs cases featuring counterfeit Disney products. The Shanghai Disneyland Resort is 57% owned by …
China’s National Intellectual Property Administration Releases Third Batch of Guiding Cases for Administrative Protection of IP
On December 27, 2023, China’s National Intellectual Property Administration (CNIPA) released the Third Batch of Guiding Cases for Administrative Protection of Intellectual Property Rights (关于发布第三批知识产权行政保护指导案例的通知). Under Article 70 of the Patent Law, “the patent administration department under the State Council may, at the request of the patentee or any interested party, deal with patent infringement disputes that have a major impact throughout the country,” thereby providing an alternative adjudication process to the court system. While not a common law jurisdiction, …