In our previous newsletter here, we reported a decision from the Beijing Internet Court ruling that the copyright of a portrait generated by an artificial intelligence (“AI”) program is owned by the user who “controlled meticulously” the parameters for
Trade Secrets Triumph: Mega RMB201.54m Verdict
On January 17, 2024, the Supreme People’s Court of China (“SPC”) published its decision upholding a ruling in favor of Sennics Chemical Technology Co., Ltd. (“Sennics”), granting them an award of RMB 201.54 million (around USD
The long-awaited amendments to the PRC Patent Implementation Regulations have finally arrived
We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here). More than three years later, the PRC State Council has finally approved and promulgated the amended Patent Implementation Regulations (“Regulations
Is that picture your creation or the AI program’s – an age-old question revisited
The copyright eligibility of computer-generated literature and artistic works is not, contrary to what many may think, a post-millennial question. In a case decided as early as 1985 [1], in a time long before the internet era, the English
China – Suspension of Trade Mark Applications More Readily Available?
In our previous post (here), we talked about a change being proposed by the China National Intellectual Property Administrative (commonly known as CNIPA), prohibiting repeated filings for the same trade mark. This was particularly concerning to brand
Yet Another Change Coming Up? Structural Changes to CNIPA and China’s Potential 5th Amendment to Trademark Law
We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law.
We wish to draw attention to some of the upcoming structural changes to the China National Intellectual Property
China’s accession to the Apostille Convention: Authentication procedure for foreign documents used in China to be greatly simplified
On March 8, 2023, China deposited an instrument for accession to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (also known as the “Apostille Convention”). Upon the scheduled implementation of the
Design protection in China and abroad with a single filing
Design patents, sometimes referred to as industrial designs, protect the aesthetic appearance of a product. As with other registered IP rights, the protection offered is, generally speaking, territorial in scope. In other words, unless international or regional treaties are available,
How does an offer for sale affect the patentee’s profitability – an economic analysis from the SPC
Under the PRC Patent Law, the offering for sale of an infringing product constitutes an act of infringement, regardless of whether the product is actually sold or not. However, there are divergent views as to what damages arise merely
Jaguar Land Rover vs. Land Wind: A typical case of simultaneous enforcement of IP rights and unfair competition claim
As an old Chinese proverb goes, “what one loses on the swings, he gets back on the roundabouts.” This is exactly what happened to Jaguar Land Rover in its claim against Land Wind (Jiangling Motors) in China for copying of