China’s Supreme People’s Court Clarifies Conditions Needed to Prove Patent Infringement Lawsuit Filed in Bad Faith

Posted on Categories Case, Patents

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 …

China Trademark Registrations Down 29% in 2023

Posted on Categories Statistics, Trademarks

According to recently released statistics from the China National Intellectual Property Administration (CNIPA) Chinese trademark registrations were down 29% in 2023 versus 2022. That equates to a decrease of 1.7945 million trademark registrations year-on-year.  Foreigners registered 3.1% of the trademarks up from 2.9% in 2022 but a decrease in absolute numbers of 40,696 registrations from 2022 for 134,776 registrations.

Beijing Internet Court Releases Translation of Li vs. Liu Recognizing Copyright in Generative AI

Posted on Categories Case, Copyright

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. …