Chongqing No. 1 Intermediate People’s Court Sets Global FRAND Rate for 5G SEPs at $0.707/Unit in Nokia/OPPO Case

Posted on Categories Case, Patents

Update: On January 24, 2024, Nokia announced a settlement resolving all pending patent litigation with OPPO. Terms are confidential. In a heavily redacted decision released December 13, 2023, the Chongqing No. 1 Intermediate People’s Court made a first-instance judgment in the case of OPPO v. Nokia’s standard essential patent royalty dispute ((2021)渝01民初1232号).  The Court set the global fair, reasonable and non-discriminatory (FRAND) rates for Nokia’s standard essential patents in what is believed to be the first SEP FRAND rates set …

China Releases Second Batch – Part II- of Warning Cases in ‘Blue Sky’ Special Rectification Program of the Patent Agent Industry

Posted on Categories Case, Patents

On December 11, 2023, China’s National Intellectual Property Administration (CNIPA) released the Second Batch, Part II, of Warning Cases for the “Blue Sky” special rectification action in the intellectual property agency industry (第二批知识产权代理行业“蓝天”专项整治行动警示案例发布(二)). CNIPA released Part I on December 9, 2023. CNIPA has been cracking down on both trademark and patent agencies  that violate laws and regulations including unauthorized practice of law, filing of irregular (fake) patent applications, bribery, etc.  So far, more than 7,400 patent and trademark agencies have …

China Releases Second Batch of Warning Cases in ‘Blue Sky’ Special Rectification Program of the Patent Agent Industry

Posted on Categories Case, Patents

On December 9, 2023, China’s National Intellectual Property Administration (CNIPA) released the second batch of warning cases for the “Blue Sky” special rectification action in the intellectual property agency industry (第二批知识产权代理行业“蓝天”专项整治行动警示案例发布). CNIPA has been cracking down on both trademark and patent agencies  that violate laws and regulations including unauthorized practice of law, filing of irregular (fake) patent applications, bribery, etc.  So far, more than 7,400 patent and trademark agencies have been interviewed, more than 4,500 have been ordered to make …

Beijing Internet Court Recognizes Copyright in AI-Generated Images

Posted on Categories Case, Copyright

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” …