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
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
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
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
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
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
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
In response to the rapid increase in the number of trademark prosecution administrative review cases (appeals from the Trademark Office – CNIPA), the Supreme People’s Court issued a Judicial Opinion on “Promoting the Reform of Administrative Litigation Proceedings by
Since 2013, China has gradually introduced the concept of punitive damages in the amendments to several laws on intellectual property rights, in which the elements of punitive damages were also stipulated, namely the infringement has to be “intentional” or “malicious”