August 2025

Hangzhou Intermediate People’s Court: Generative AI Platforms Producing Promotional “Planting Grass” Content Constitutes Unfair Conduct (Judgment of August 7, 2025)

Hangzhou Intermediate People’s Court: Generative AI Platforms Producing Promotional “Planting Grass” Content Constitutes Unfair Conduct (Judgment of August 7, 2025)By •

Mengchun’s Comments:In December 2024, a PRC court held that generating and distributing infringing content of the generative AI services constitutes copyright infringement. In August 2025, the Hangzhou Intermediate People’s Court further ruled that even absent copyright subsistence, the use of generative AI services to create promotional “planting grass” content may constitute unfair competition. This precedent effectively supplements the PRC Copyright […]

Hangzhou Intermediate People’s Court: Generative AI Platforms Producing Promotional “Planting Grass” Content Constitutes Unfair Conduct (Judgment of August 7, 2025) More »

Liaoning Dalian Intermediate Court: Using Infringer’s Contract Revenue as the Basis for Damages in Trade Secret Cases Involving Customer Lists (Decision Issued on November 16, 2023)

Liaoning Dalian Intermediate Court: Using Infringer’s Contract Revenue as the Basis for Damages in Trade Secret Cases Involving Customer Lists (Decision Issued on November 16, 2023)By •

Mengchun’s Comments: In trade secret disputes involving customer lists, it is often difficult to assess the commercial value of the list itself and determine an appropriate damages calculation. This case provides a useful reference by adopting the infringer’s contract revenue as the basis for calculating damages. Key issue involved: How should courts calculate damages for trade secret misappropriation involving customer

Liaoning Dalian Intermediate Court: Using Infringer’s Contract Revenue as the Basis for Damages in Trade Secret Cases Involving Customer Lists (Decision Issued on November 16, 2023) More »

Jiangsu Zhangjiagang Court: AI-Generated Content Created Using Simple Prompts Does Not Constitute a Copyrightable Work (March 19, 2025 Ruling)

Jiangsu Zhangjiagang Court: AI-Generated Content Created Using Simple Prompts Does Not Constitute a Copyrightable Work (March 19, 2025 Ruling)By •

Mengchun’s Comments:Several Chinese courts have recognized that AI-generated content may qualify for copyright protection, but only under two key conditions: (1) the creator must record and provide evidence of the creative process, and (2) the final output must demonstrate originality and individualized human input. This approach aligns with the fundamental principle of copyright law—protecting the intellectual contributions of natural persons.

Jiangsu Zhangjiagang Court: AI-Generated Content Created Using Simple Prompts Does Not Constitute a Copyrightable Work (March 19, 2025 Ruling) More »

Guangzhou Yuexiu District Court: Determining Repeat Infringement in Punitive Damages Cases Involving Trademark Infringement (Decision Issued on November 29, 2024)

Guangzhou Yuexiu District Court: Determining Repeat Infringement in Punitive Damages Cases Involving Trademark Infringement (Decision Issued on November 29, 2024)By •

Mengchun’s Comments: Chinese Judicial interpretations and prior case law have long established that repeat infringement should give rise to punitive damages. However, proving repeat infringement remains a challenge in judicial practice. A recent decision by the Guangzhou Yuexiu District Court offers a valuable reference on how to build an effective evidentiary chain. Key issue involved: How can a rights holder establish

Guangzhou Yuexiu District Court: Determining Repeat Infringement in Punitive Damages Cases Involving Trademark Infringement (Decision Issued on November 29, 2024) More »

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