On 27th November 2023, the Beijing Internet Court upheld that an AI generated work can be protected by copyright if the work reflects an author’s choice of expression and has originality (see our earlier blog post here). Almost

Stanley Ng
The unavoidable trajectory – Hong Kong considers interplay between copyright and artificial intelligence
On 8 July 2024, the Hong Kong government launched a two-month public consultation on potential revisions to the Copyright Ordinance (Cap. 528) in view of the rapid developments in artificial intelligence (“AI”), especially generative AI. The 52-page consultation…
PRC hands down first ruling on AI voice infringement
Who is liable when an artificial intelligence system infringes copyright – a missed opportunity by the PRC Court
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…
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’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…
Revisions to PRC Medical Devices Regulations
The PRC Regulations on the Supervision and Administration of Medical Devices (“Regulations”) have recently been amended and promulgated by the State Council. The new Regulations, which will be effective from 1st June 2021, provide some important changes of…