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24/01/2024

and sign 5G patent cross-license agreement

OPPO today announced that it has signed a global patent cross-license agreement with Nokia covering standard-essential patents in 5G and other cellular communication technologies. Under the agreement, both sides will resolve pending litigation in all jurisdictions. The specific terms of the agreement remain confidential.

Feng Ying, Chief Intellectual Property Officer at OPPO, said: “We are pleased to have reached this global patent cross-license agreement with Nokia, which includes cross-licensing for 5G standard-essential patents. This agreement reflects the mutual recognition and respect for each other’s intellectual property and lays the foundation for future collaboration between OPPO and Nokia. OPPO continues to advocate for reasonable royalty fees and a long-term approach to intellectual property that supports the resolution of disputes through amicable negotiations and mutual respect for the value of all intellectual property.”

Jenni Lukander, President of Nokia Technologies, said: “We are delighted to have reached a cross-license agreement with OPPO that reflects the mutual respect for each other’s intellectual property and Nokia’s investments in R&D and contributions to open standards. OPPO is one of the leading companies in the global smartphone market and we look forward to working together to bring further innovation to their users around the world. The new agreement – along with the other major smartphone agreements we have concluded over the past year – will provide long-term financial stability to our licensing business.”

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24/01/2024

wins 10 million Yuan in combating malicious trademark infringement

Huawei has won 10 million Yuan in combating malicious online trademark infringement, according to a recent judgement released by the Shanghai Jinshan District People's Court (hereinafter referred to as Jinshan Court).

The Jinshan Court sided with Huawei in a trademark infringement case involving the plaintiff, Huawei Technologies Co., Ltd., and the defendants, Hanmai Cosmetics (Shanghai) Co., Ltd. and Jishe Fashion (Shanghai) Co., Ltd.

The court found the defendants guilty of infringing on the exclusive rights to Huawei's registered trademark No. 18783416A. Punitive damages were imposed, and Huawei's claim for RMB 10 million in economic losses was upheld.

According to court documents, Huawei discovered that Jishe Company operated a flagship store on the Tmall online platform, unlawfully incorporating the "Huawei" word into product names and titles without authorization. Although Jishe Company later transferred the flagship store to Hanmai Company, the infringement persisted.

Huawei argued that the defendants' actions were deliberate and led to consumer confusion, resulting in a violation of the exclusive right to the "Huawei" trademark. The court, in response to Huawei's plea, not only ordered the immediate cessation of infringement but also granted 4-times punitive compensation and reasonable economic losses amounting to 10 million yuan.

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22/01/2024

China IP Weekly——the latest updates of global IP news

Focus
1. will adjust its official fees from April 1 this year
欧洲专利局（EPO）今年4月1日起将再次调整官费
2. China’s valid invention patents surpass four million
我国国内有效发明专利数量突破四百万件
3. China issues draft guidelines for standardizing AI industry
中国发布了人工智能产业标准化指南草案

IP Practice
4. announces that has joined its 5G MM patent pool
Sisvel宣布日本NTT加入其5G MM专利池
5. hit with $57 million for infringing patent
Ravgen因侵犯Natera专利被判赔偿5700万美元
6. is seeking a massive lawsuit fee of $73.4 million from Games.
苹果向 Epic索要7340万美元巨额诉讼费
7. and end global litigation with patent licence agreements
结束全球诉讼！飞利浦与OPPO签订专利许可协议
8. and sued in the US for patent infringement
字节跳动、TikTok在美被诉专利侵权

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19/01/2024

China’s valid invention patents surpass four million

China had more than 4.015 million valid invention patents by the end of 2023 (excluding Hong Kong, Macao, and Taiwan), said Hu Wenhui, deputy director of the China National Intellectual Property Administration(CNIPA), at a press conference held on January 16. This marks a 22.4% year-on-year increase and makes China the first country in the world to surpass four million valid domestic invention patents. Hu mentioned that it took 31 years to reach the first million, but only a year and a half to reach the fourth million. Of the four million patents, over 40% are considered high-value inventions. Statistics also show that in 2023, China granted 921,000 invention patents, 2.09 million utility model patents, and 638,000 design patents.

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15/01/2024

SPC awards over 15.39 million Yuan in patent dispute, rejecting its 342 million Yuan claim

China’s Supreme People's Court(SPC) recently made a second-instance judgment on six voice standard essential patents(SEP) related cases brought by Advanced Codec Technologies LLC (hereinafter referred to as "ACT") against OPPO, according to news released on January 15.

The SPC partially upheld the lower court’s decision and ordered OPPO to pay a licensing fee of 15,390,527 Yuan to ACT, an amount significantly lower than the 342 million Yuan claimed by ACT for infringement.

The SPC also sets the licensing fee for the six patents involved as $0.008 per unit, with an average licensing fee of around $0.0013 per unit for each patent, providing an important reference for the licensing and litigation practices of audio and video-related patents.

The dispute between the two sides dates back to November 2018, when US-based ACT filed six separate lawsuits against OPPO at the Nanjing Intermediate People's Court. ACT alleged that OPPO intentionally delayed the licensing negotiations for its six Chinese SEPs with numbers 99813601.8、00815854.1、99813602.6、99813640.9、01803954.5 and 99813641.7.

ACT sought a total compensation of 342 million Yuan and requested the Nanjing Court to order OPPO to cease manufacturing, selling, or promising to sell 44 accused infringing mobile products violating patents with numbers 00815854.1 and 01803954.5.

OPPO contested all claims, asserting that ACT violated the Fair, Reasonable, and Non-Discriminatory (FRAND) licensing negotiation obligations during the negotiation process with OPPO.

The Nanjing Intermediate People's Court delivered the first-instance judgment in November 2021, ordering OPPO to pay an undisclosed licensing fee to ACT.

Both OPPO and ACT appealed this decision to the SPC.

On December 22, 2023, the SPC ruled that OPPO must pay a licensing fee of 15,390,527 Yuan to ACT. Additionally, the court established the licensing fee for the six patents at $0.008 per unit, averaging around $0.0013 per unit for each patent.

Reports suggested that ACT had initiated separate lawsuits against Xiaomi and vivo in the Intermediate People's Court of Nanjing, and against TCL in the Shanghai Intellectual Property Court. In 2019, ACT settled with Xiaomi, receiving licensing fees ranging between $5 million and $9 million. ACT also has a history of litigation and settlements with various companies, including Apple, Motorola, Sony, Samsung, LG Electronics, ZTE, and Huawei.

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15/01/2024

China IP Weekly——the latest updates of global IP news

Focus
1. China takes global lead in solar cell patent applications
中国太阳能电池专利申请量全球排名第一
2. dominates top 50 US patent grants in 2023, drops out of top 10
2023年美国专利授权量Top50：三星再次领先，华为跌出前十
3. India launches antitrust probe on logistic giants, with fines likely to be up 10% of annual revenue
印度对物流巨头发起反垄断调查，罚款或高达年营收的10%

IP Practice
4. Munich Regional Court rules that and have infringed InterDigital's patent
德国慕尼黑地区法院裁定OPPO、OnePlus侵犯了InterDigital专利
5. OpenAI's response to New York Times lawsuit: use of copyrighted content falls under fair use
OpenAI回应《纽约时报》诉讼：使用版权保护内容属于合理使用
6. renews patent license agreements with
InterDigital与Panasonic续签专利许可协议
7. , Sued for 5G Patent Infringement
Verizon、爱立信遭5G专利侵权诉讼
8. hit with $5 million consumer antitrust lawsuit
惠普遭消费者反垄断诉讼，索赔超500万美元

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12/01/2024

China's patent-intensive industries achieve remarkable growth: added value surpasses 15 trillion yuan in 2022, marking a 7.1% increase

The added value of China’s national patent-intensive industries in 2022 amounted to 15.3176 trillion yuan, reflecting a 7.1 percent increase compared to the previous year (excluding price factors, as mentioned below), as announced recently by the China National Intellectually Property Administration and the National Bureau of Statistics. The contribution of this sector to GDP rose to 12.71 percent, marking a 0.27 percent increase from the preceding year.

Internally, the new equipment manufacturing industry emerged as the largest, generating an added value of 4.1643 trillion yuan, constituting 27.2 percent of the overall added value in patent-intensive industries. Following closely is the information and communication technology services industry, contributing 3.3888 trillion yuan and accounting for 22.1 percent. The information and communication technology manufacturing industry followed suit with an added value of 3.1818 trillion yuan, representing 20.8 percent of the total.

In terms of growth rates, the new materials manufacturing industry demonstrated the highest growth at 12.8 percent, trailed by the information and communication technology manufacturing industry at 11.5 percent. Furthermore, the information and communication technology services industry and the new equipment manufacturing industry also experienced substantial growth, with growth rates of 10.6 percent and 8.3 percent, respectively.

Notably, the pharmaceutical and medical industry saw a decline of 16.8 percent, largely influenced by an exceptionally high baseline in 2021. Nevertheless, when considering a two-year average growth rate in comparison to 2020, the industry maintained positive momentum with an 8.3 percent increase.

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11/01/2024

China’s Supreme People's Court rules against Bili in a trademark dispute attracting nationwide attention

China’s Supreme People's Court( SPC) has reversed the first and second instance judgments made by two lower courts in a trademark case attracting nationwide attention, according to news released on January 4.

The case relates to a disputed “ honeysuckle（“金银花”in Chinese)” trademark.

Since 2018, hundreds of mosquito-repellent “honeysuckle” floral water manufacturers across China have been sued for allegedly infringing the “honeysuckle” trademark owned by Shanghai Bili Cosmetics Co.,Ltd (hereinafter referred to as “Bili”).

Bili sought over 12 million Yuan in total in its widespread lawsuits against the “honeysuckle” floral water manufacturers and won in most cases.

A number of manufacturers were ordered to compensate from tens of thousands to hundreds of thousands yuan to Bili for infringing the trademark.

Many appealed in courts across China. Among them, the appeal filed by Suzhou Shiyan Biology Household Necessities Co.,Ltd. (hereinafter referred to as “Shiyan”) was accepted by the SPC in March 2022.
Last Thursday, Shiyan received the judgment issued by the SPC to reverse the lower courts’ judgments.

In its ruling, the SPC reasoned that “honeysuckle” is a traditional Chinese herbal medicinal ingredient lacking distinctiveness and therefore Shiyan’s use of “honeysuckle” in the name of its products don’t constitute infringement.

This decision aligns with a previous "honeysuckle" trademark invalidation by the China National Intellectual Property Administration (CNIPA) in September 2022.

Interestingly, historical data indicates that the CNIPA had canceled the "honeysuckle" trademark back in 1994 due to "improper registration". However, despite the 1994 decision, implementation was not carried out due to unknown reasons. Eventually, the trademark was transferred multiple times and landed with Bili.

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10/01/2024

hit with 64.5 million yuan verdict for infringing ’s copyright

The Beijing High People’s Court upheld a lower court’s ruling demanding Baidu to pay 64.5 million Yuan to NavInfo for copyright infringement and unfair competition, as announced by NavInfo on January 9.

The dispute between the two sides originated from a 2009 cooperation agreement where NavInfo allowed Baidu to use its electronic maps until the agreement expired in 2016.

NavInfo claimed that Baidu and its affiliates continued using NavInfo's maps without consent.

NavInfo initiated a lawsuit in 2017 against Baidu at the Beijing IP Court, seeking 100 million yuan in compensation.

In 2020, the Beijing IP Court ordered Baidu to cease infringement, issue public apologies, and compensate NavInfo with 64.5 million yuan, plus additional costs. NavInfo appealed this decision to the Beijing High People’s Court.

On December 28, the Beijing High People’s Court upheld the initial judgment against Baidu.

Responding to the latest ruling, Baidu stated that after terminating the contract in 2016, Baidu used internally sourced data in its maps, not NavInfo's. Baidu plans to appeal to the Supreme People’s Court to safeguard its interests.

Baidu reportedly counter-sued NavInfo in 2020, alleging copyright infringement and unfair competition and seeking 90 million yuan in compensation. The case remains pending.

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09/01/2024

Munich Regional Court rules that and has infringed InterDigital's patent

InterDigital has secured a victory against OPPO and OnePlus in Germany regarding its mobile technology patent, according to news released on January 8.

The Munich Regional Court ruled that OPPO and OnePlus infringed InterDigital's patent EP2127420 B1 and ordered the two defendants to cease and desist. OPPO and OnePlus were also instructed to recall their products and disclose information of their accounts.

It is reported that OPPO had challenged InterDigital's licensing terms and pricing, referencing a UK court decision with Lenovo. However, the Munich court dismissed these arguments and labeled OPPO an unwilling licensee.

Whether OPPO and OnePlus will appeal these rulings remains uncertain.

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09/01/2024

China releases the first "Guidelines for Handling Criminal Cases of Infringing upon Trade Secrets"

China’s Jiangsu Province has issued the first-ever "Guidelines for Handling Criminal Cases of Infringing upon Trade Secrets" (hereinafter referred to as the "Guidelines"), according to news released on January 8.

Currently, China's legislation on protecting trade secrets is limited to Article 9 of the "Anti-Unfair Competition Law" and Article 219 of the "Criminal Law".

As incidents of trade secret infringement triggered by employee turnover have been on the rise, the release of the "Guidelines" addresses long-standing challenges and controversies in handling criminal cases of trade secret infringement and offers substantial guidance.

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08/01/2024

China IP Weekly——the latest updates of global IP news

Focus
1. China improves efficiency in reviewing IP applications
中国加速知识产权审查效率
2. Japan proposes a Digital Antitrust Law and requires Apple to allow sideloading apps
日本拟出台《数字反垄断法》，要求苹果开放应用侧载
3. Cambodia trademark registrations up 3.87 percent in 2023
柬埔寨2023年商标注册量增长3.87%

IP Practice
4. Korean antitrust agency slaps with 11.6 billion won fine
韩国反垄断监管机构对游戏巨头Nexon处以116亿韩元的罚款
5. Copyright for original Mickey Mouse persona runs out on 1 January
1月1日起，原版米老鼠版权已进入公有领域
6. German court fines €7.05 million in Broadcom HEVC patent infringement
Netflix侵犯博通HEVC专利，被德国法院处以705万欧元罚款
7. Japanese NPE hits with patent lawsuits in three countries
日本NPE在三个国家对阿里巴巴提起专利诉讼
8. in talks with dozens of publishers to license content
OpenAI正在与数十家出版商就内容授权问题进行谈判

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05/01/2024

China improves efficiency in reviewing IP applications

China's efficiency in reviewing IP applications improved last year, said Shen Changyu, director of China National Intellectual Property Administration (CNIPA), on Thursday. Shen introduced that the average time spent reviewing an invention patent was shortened to 16 months, while the average time for reviewing a trademark is 4 months now. China also dealt with a number of IP applications last year, with 921,000 invention patents, 2.09 million utility models, 638,000 designs authorized and 4.38 million trademarks, 11,300 integrated circuit layout designs registered.
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03/01/2024

Patent challenged by a suspected “straw man” in China

A patent of SZ DJI Technology Co., Ltd, entitled "a flight mission processing method, device, and system", is under invalid challenge, according to an announcement released by the China National Intellectual Property Administration(CNIPA) on January 2.

The claimant for invalidation is a natural person named "Wang Lin", a suspected “straw man” hired by DJI’s American rival Textron Inc considering that DJI’s major current patent disputes are with Textron in both China and US, said Chinese IP analysts.

In April 2023, Textron won $278.9 million in a US patent dispute with DJI, hitting a new patent infringement compensation record for Chinese companies involved in US disputes.

The two sides then escalated their lawsuits in both China and the US.

In July 2023, DJI was asked by a US court to hand over the source codes of its disputed products, and DJI also failed in its battle for jurisdiction.

In the same month, DJI countersued Textron for patent infringement in the US. In addition, it launched invalidation challenges to Textron's patents in China. The relevant challenged patents are still under trial.

The patent in the latest challenge, filed in 2014 through PCT international application, involves a solution to reproduce some or all of the flight missions by loading the recorded data. Its Chinese patent number is ZL201480016276.7.

CNIPA is scheduled to hold an oral hearing of the case on January 24.

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02/01/2024

China IP Weekly——the latest updates of global IP news

Focus
1. Eurasian Patent Office to raise fees from January 1
2024 年1月1日起欧亚专利局官费上调
2. Alibaba ordered to pay 1 billion Yuan to JD.com for antitrust practices
京东诉阿里“二选一”案一审胜诉京东获赔10亿元
3. Nigerian competition watchdog fines British American To***co $110 mln
尼日利亚竞争监管机构对英美烟草公司罚款1.1亿美元

IP Practice
4. NY Times sues OpenAI, Microsoft for infringing copyrighted works
《纽约时报》起诉OpenAI及微软侵犯版权作品
5. Apple can temporarily sell smartwatches after US appeals court win
苹果公司在美国上诉法院胜诉，可暂时销售智能手表
6. Amazon faces a ban from selling wifi 6 products that infringe Huawei patent
亚马逊侵犯华为专利，或被在德禁售wifi 6产品
7. Micron and Fujian Jinhua reach a global settlement agreement
美光科技与福建晋华达成全球和解协议
8. Alibaba must face US lawsuit over selling counterfeit toys on its platform
涉嫌在平台出售假冒玩具，阿里巴巴在美被诉侵权
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29/12/2023

ordered to pay 1 billion Yuan to .com for antitrust practices

According to news on December 29, the Beijing High People's Court has made a first-instance judgment on the JD.com vs. Alibaba case. Alibaba was ordered to pay 1 billion Yuan to JD.com for abusing its dominant market position to implement its "alternative" monopoly policy. It is reported that JD.com has suffered damages totaling up to billions of yuan due to Alibaba’s monopoly practice. The report says that JD.com complained in 2015 Alibaba’s practice to the State Administration for Industry and Commerce. In 2017, JD.com launched a lawsuit against Alibaba in the Beijing High People's Court. Alibaba later challenged the jurisdiction of the Beijing High People's Court at the Supreme People's Court but was rejected. In addition, Alibaba was also hit with an over-18.2-billion yuan record fine by the State Administration for Market Regulation in 2021.
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28/12/2023

Matthewson, Senior Associate of Powell Gilbert and Joel Coles, Partner of Powell Gilbert have shared with China IP their reflections on the first six-months of the Unified Patent Court.

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25/12/2023

L. Petraz and Petraz, managing partners of Intellectual Property Office, shared with China IP the principles relating to the interaction between the and national courts when enforcing UPC decisions and orders, as well as the as yet undefined aspects of these applications.

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25/12/2023

China IP Weekly——the latest updates of global IP news

Focus
1. China releases amended implementing rules of the Patent Law
国务院公布《关于修改〈专利法实施细则〉的决定》
2. US antitrust enforcers release final version of new merger guidelines
美国反垄断执法机构发布新合并指导方针的最终版本
3. UK Supreme Court rules that cannot be patent inventor
英国最高法院裁定，人工智能不能成为专利发明者

IP Practice
4. sues rival for stealing anti-cancer secrets
艾伯维起诉竞争对手Adcentrx窃取其抗癌抗体商业机密
5. to pay $700 million to settle antitrust lawsuit
谷歌将支付7亿美元以解决反垄断诉讼
6. sues for patent infringement, claiming for 149 million Yuan
金力诉恩捷专利侵权，索赔1.49亿元
7. rejects ’s motion to delay import ban on Apple Watches
苹果推迟Apple Watch进口禁令的动议遭ITC否决
8. shelves $20 bln deal after hitting regulatory roadblocks
遭遇监管障碍，Adobe搁置对Figma 200亿美元的收购计划

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23/12/2023

China releases amended implementing rules of the Patent Law

According to news on December 21, Chinese Premier Li Qiang recently signed a State Council decree which introduced the “Decision of the State Council on Amending the Rules for the Implementation of the Patent Law of the People's Republic of China(Decision)”. The amended rules, which will come into force on January 20, 2024, mainly cover the following aspects: improving the patent application system to provide convenience to the applicant; improving the patent examination system to enhance the quality of patent examination; strengthening patent protection and improving the patent dispute handling and mediation system; strengthening government services to promote patent creation and application; adding special provisions for international application for industrial design to comply with the Hague Agreement on the International Registration of Industrial Design.
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22/12/2023

Thai Luckin Coffee claims for $290M from Chinese Coffee

Thailand's 50R Group has filed a lawsuit against China's Luckin Coffee, claiming 10 billion baht (US$290 million) in compensation, according to Thai media reports released on Wednesday.

50R Group said in a court filing that it had legally registered the “Luckin” trademark with the Thai Ministry of Commerce in 2020 and was allowed to use the trademark to operate coffee shops that sell tea and coffee drinks. However, China’s Luckin Coffee later filed a lawsuit at Thailand’s Central Intellectual Property and International Trade Court, accusing 50R Group of maliciously registering trademarks. The first instance court ruled in favor of China's Luckin Coffee, a decision which was reportedly reversed by the appeal court in early December.

50R Group also claimed in its latest lawsuit that Luckin Coffee had forced it to stop the use of the disputed trademark before the court made a final decision, causing 50R Group serious economic losses. 50R Group is asking the court to award it a total of 10 billion baht(US$290 million) in compensation.

Luckin Coffee is a Chinese coffee company and coffeehouse chain. It was founded in Beijing in 2017. Wikipedia data reveals that as of June 5, the total Luckin coffee store number reached 10,000. It quickly expanded over the years and outnumbered the number of Starbucks stores in China by 2019.

50R Group is mainly engaged in retail, new energy, tourism, real estate, catering and other businesses. It set up Thailand's Luckin Coffee in March 2019 and started operating stores in December 2020. Currently, it runs a dozen of Luckin Coffee stores in Thailand.

Social media photos show that the Thailand company's logo bears high similarity with that of China’ s Luckin Coffee, with a just small difference seen in the facing direction of the deer image.

According to legal experts, under Article 63 of the Thai Trademark Law, if the Thai company first registered the trademark with the Thai Trademark Office, it will have the right to engage in business in this field in Thailand, which is the reason why Luckin lost the lawsuit. However, if Luckin appeals the decision and proves that it used the brand earlier and is more influential around the world, the court could reconsider its previous ruling.

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20/12/2023

China IP Weekly——the latest updates of global IP news

Focus
1. China sets precedent in 5G patent royalty dispute between and
中国法院在OPPO与诺基亚专利纠纷中做出首个5G全球费率判决
2. EU agrees on landmark regulation deal
欧盟就《人工智能法案》达成协议
3. Announces Fast-Track Pilot for Semiconductor Tech Patents
美国专利商标局宣布启动半导体技术专利快速试点计划
4. Austrian Patent Office names Stefan Harasek as its new president
奥地利专利局任命 Stefan Harasek为新局长

IP Practice
5. defeats patent case that led to $2.75 bln award
思科胜诉Centripetal！27.5亿美元专利侵权赔偿反转！
6. Games wins antitrust case against over Play app store
Epic Games赢得了针对谷歌Play应用商店的反垄断诉讼
7. files new lawsuit against rival in the US
Temu在美对竞争对手希音提起新诉讼
8. gets OK from U. S. antitrust regulators for $43-billion Seagen deal
辉瑞以430亿美元收购Seagen的交易获得美国反垄断监管机构的批准

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15/12/2023

China sets precedent in 5G patent royalty dispute between and

Recently, Chongqing No.1 Intermediate People's Court has made a first-instance judgment on the dispute between OPPO and Nokia over Standard Essential Patent(SEP) royalties. The judgement, which sets the global fair, reasonable and non-discrimination (FRAND) rate for 2G-5G SEP patents of Nokia, is the first global licensing fee judgment of SEP patents made by Chinese judicial organs. According to the judgement, the Chongqing court set the FRAND rate for essential 5G patents at between 4.341 percent and 5.273 percent. The court also decided on licensing fees for Nokia's 2G-5G patent packages in several regions. The fee in the first global zone is USD1.151 per 5G phone, while that in the second zone (which includes China) and the third zone is 70.7 US cents. For 4G phones, the fee is capped at 77.7 US cents per handset in the first zone, while in the second and third zones it is 47.7 US cents.
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11/12/2023

US LLP: Quality Service Comes with a Price, but it’s worth it.

Bickham and Yang shared with China IP their stories with Dentons.

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11/12/2023

Chinese court issues determination in - dispute

According to news on December 4, Chongqing No.1 Intermediate People's Court recently made a first-instance judgment on OPPO's lawsuit against Nokia in a dispute over standard essential patent (SEP) royalties. Previously, OPPO requested the Chongqing No.1 Intermediate People's Court to determine the global FRAND rates for the Nokia SEP portfolio, and promised to accept the rates decided by the Chinese court. This is reportedly the first FRAND global rate decision in OPPO-Nokia global patent dispute starting in July 2021, but the details of the trial have not been made public. OPPO said in a statement on its official website “OPPO welcomes the recent judgment by the Chongqing First Intermediate People's Court in the dispute over FRAND royalties for Nokia's standard essential patents. OPPO is willing to comply with and execute the court's decision regarding the global FRAND licensing fees for Nokia's patents, hoping to actively resolve the patent licensing fee dispute with Nokia. OPPO is hoping Nokia can also comply with and execute the Chongqing court’s decision.” Starting from 2021, Nokia and OPPO have filed mutual lawsuits across many countries around the world.

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08/12/2023

In line with the current trend in giving greater importance to alternative dispute resolution (“ ”) mechanisms, especially in intellectual property matters, Article 35, paragraph 1 of the Unified Patent Court Agreement (“UPCA”) provides for the creation of a patent mediation and arbitration centre (Centre) seated in Ljubljana and Lisbon.

Davide Petraz and Daniele Petraz, managing partners of Intellectual Property Office, shared with China IP the relevant regulations about the Patent Mediation and Arbitration Centre.

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http://www.chinaiptoday.com/post.html?id=2047

29/11/2023

China’s Beijing Internet Court rules on the first infringement dispute over -generated image

China’s Beijing Internet Court has made a first-instance judgment on the first copyright case in the field related to AI-generated images. The Court found that the defendant’s conduct constituted infringement and must make a public apology and pay 500 yuan in compensation.

According to the judgment released by the court, plaintiff Li XX, a Chinese social media Xiaohongshu account owner, used the open-source software Stable Diffusion in February to generate an image by text inputting and then posted the image on the Xiaohongshu platform.

Defendant Liu XX used the unauthorized image in March by cutting off the Xiaohongshu watermark in her post in Baijiahao, a blog-style platform under Baidu.

The plaintiff then filed an infringement lawsuit against the defendant at China’s Beijing Internet Court, asking for a public apology and 5,000 yuan in compensation.

The Beijing Internet Court heard the case in late August and made a judgment recently in favor of the plaintiff.

The court reasoned in the judgment that the plaintiff made the relevant setting of the AI model based on his need and eventually selected the figure in the image. The disputed image was produced based on the plaintiff’s intelligence input and reflects the plaintiff’s personalized expression. The plaintiff therefore is the author of the image and owns its copyright.

The court then determined that the disputed AI-generated image had "originality" and should be identified as works and protected by the copyright law.

Photo:web
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