On February 26, the Internet Court in Guangzhou issued a landmark ruling regarding generative AI services that infringe on third-party copyrights. A platform for Artificial Intelligence Generated Content (AIGC), which was not named, was found guilty of having produced an image resembling the well-known comic character Ultraman. The copyright owner, Tsuburaya Productions Co., Ltd., signed… Continue reading World’s First Platform Copyright Case
Category: Copyright
China’s AI verdict will change the markets
The ruling made headlines: Beijing’s Internet Court has ruled in a landmark judgment that AI-generated images can be copyrighted because they reflect the creative contribution of humans. The parameters of the AI set by humans make the end result worthy of copyright. This surprising decision, which deviates massively from Western case law, offers new perspectives… Continue reading China’s AI verdict will change the markets
Intellectual property in ASEAN
Intellectual property rights are gaining importance in ASEAN countries. The ASEAN Intellectual Property Action Plan 2016-2025 provides for the strengthening of intellectual property offices, the development of regional platforms, an inclusive IP ecosystem and the promotion of asset creation. Around 75% of the plan has already been implemented. Future priorities include harmonizing intellectual property rights,… Continue reading Intellectual property in ASEAN
The importance of the UPC for Chinese companies
The Unified European Patent Court (UPC) is a new international court established by the contracting EU member states. It creates an effective forum through the Unitary Patent System to enable the enforcement and challenge of patents in Europe. The court eliminates the need for litigation in different countries and increases legal certainty through harmonized jurisdiction.… Continue reading The importance of the UPC for Chinese companies
Digital content piracy on the rise
The outbreak of the Covid 19 pandemic led to an unprecedented increase in online piracy worldwide regarding music, movies, television, publishing, and software. For example, the number of pirated movies increased by 39% in 2022 compared to 2021, while the number of visits to piracy websites to watch movies increased by about 9%. The same… Continue reading Digital content piracy on the rise
Covert Brand Purchasing as an IP Protection Strategy
One does not always have to take legal action to combat a potentially dangerous opposing brand. One option is also to buy this trademark covertly via a middleman function and thus eliminate the threat potential. The following case from practice: A German mechanical engineering company, which is very successful in China, discovered that there was… Continue reading Covert Brand Purchasing as an IP Protection Strategy
New Year, New Guidance Documents: China Improves IP Protection
The China National Intellectual Property Administration (CNIPA) released information on the implementation of the Opinions on Strengthening Intellectual Property Protection (关于强化知识产权保护的意见) in late October 2022. They explain how amendments to the 2021 Patent Law will be implemented in practice. In addition, CNIPA aims to complete the revision and concretization of the Patent Law Implementation Rules… Continue reading New Year, New Guidance Documents: China Improves IP Protection
Security, Science and Technology
Political speeches and documents are known to provide valid clues to future developments in the PRC. Analysts therefore try to extract priorities and orientations from the phraseology, word choice, and frequency of terms related to the 20th Party Congress. In doing so, they also take into account minor changes in phrases that have appeared at… Continue reading Security, Science and Technology
Establishment of Corporate IP Compliance
In the context of building a dual circulation system and creating a unified domestic market, China is guiding all enterprises to strengthen their compliance management to prevent business risks at home and abroad, promote modernization and transformation, and improve competitiveness. The compliance system is to cover areas such as market transactions, environment, human resources, finance,… Continue reading Establishment of Corporate IP Compliance
NFT Copyright Infringement in China
The protection of intellectual property rights in non-fungible tokens (NFT) is an important element in the process of distribution and trade of digital works. There is now a first case on this in China. In April 2022, the Hangzhou Internet Court held a public hearing on the first NFT infringement case in China. The plaintiff… Continue reading NFT Copyright Infringement in China
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