China has a new precedent: the Shenzhen Nanshan Court ruled for the first time in China that AI-generated texts in the form of articles are creative works and thus entitled to copyright protection. In the case, the plaintiff company Shenzhen Tencent Computer System published a financial article on its website entitled Lunch Review: Shanghai Index… Continue reading AI-Generated Texts Are as Works Protectable by Copyright
Tag: IP china
Parallel Imports: Trademark Infringement Or Unfair Competition?
Parallel imports involve importing legally manufactured original products into China from other countries without authorization from the IPR holder. Until now, Chinese laws, regulations and judicial interpretations have not clearly defined the legitimacy of this practice. But now the Guangzhou Intellectual Property Court has ruled that parallel imports of non-counterfeit products do not constitute trademark… Continue reading Parallel Imports: Trademark Infringement Or Unfair Competition?
The New Civil Code of the PRC and Intellectual Property
The new Civil Code of the PRC, which will come into force on 1 January 2021, consolidates and elaborates some existing laws. It does not have a dedicated IP part, so the lex specialis such as the Patent Law, Trademark Law, Unfair Competition Law and Copyright Law will remain in force. What is the impact… Continue reading The New Civil Code of the PRC and Intellectual Property
Blue Sky Project: Strict Monitoring the Trademark Agencies
In China, the first-to-file principle applies: the first person or company to register a trademark becomes the owner of the trademark. One of the biggest problems of foreign companies is trademark registration in bad faith: usually Chinese companies deliberately register the trademark(s) of a foreign company in order to make a profit from its use… Continue reading Blue Sky Project: Strict Monitoring the Trademark Agencies
Economic and Trade Agreements also Protects the Pharmaceutical Industry
The trade agreement between the USA and China also includes the protection of intellectual property rights for the pharmaceutical industry. The focus is on drugs against cancer, diabetes, high blood pressure and stroke. The intention of the agreement is to promote the development of new treatments and cures for these diseases through better patent protection.… Continue reading Economic and Trade Agreements also Protects the Pharmaceutical Industry
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