AI & Data Archives - China IP Case Updates

Beijing Internet Court: AI Face-Swapped Short Drama Infringed a Well-Known Actor’s Portrait Right (Judgment of 2026)

By Mengchun Zhang • October 6, 2026

Mengchun’s Comments This case addresses a new type of personality-rights dispute arising from the use of AI face-swapping technology in short-form video content. The Beijing Internet Court focused first on identifiability. The court held that an AI-generated or AI-modified image does not need to be identical to a person’s actual appearance. If the general public or a relevant group can […]

Beijing Internet Court: AI Face-Swapped Short Drama Infringed a Well-Known Actor’s Portrait Right (Judgment of 2026) More »

Changsha Court: A Structured Approach to Assessing the Copyrightability of AI-Generated Content in China (Judgment of August 5, 2026)

By Mengchun Zhang • September 27, 2026

Mengchun’s Comments This case provides a more structured approach to assessing the copyrightability of AI-generated content in China. The court divided the creation process into three stages: pre-generation conception, generation control, and post-generation editing. It then developed a three-part test for assessing originality at the generation-control stage. Compared with the earlier Zhangjiagang Court decision, this case takes the analysis a

Changsha Court: A Structured Approach to Assessing the Copyrightability of AI-Generated Content in China (Judgment of August 5, 2026) More »

Shanghai IP Court Further Clarifies the Boundaries of AI Platforms’ Duty of Care for Copyright Infringement (Judgment of April 29, 2026)

By Mengchun Zhang • August 2, 2026

Mengchun’s Comments In the first Chinese case involving copyright infringement conducted through a generative AI platform, the Hangzhou Internet Court held that the AI platform provider could be held liable for assisting infringement. The court emphasized that the platform’s fault should be assessed by considering factors including the nature of the service, the popularity of the work, the obviousness of

Shanghai IP Court Further Clarifies the Boundaries of AI Platforms’ Duty of Care for Copyright Infringement (Judgment of April 29, 2026) More »

Guangzhou Internet Court: AI Detection Reports Alone Cannot Establish That an Illustration Was AI-Generated (Judgment of 2026)

By Mengchun Zhang • July 11, 2026

The Guangzhou Internet Court held that AI detection reports may be admitted as evidence. However, because the underlying detection standards, algorithms, and methodologies remain largely undisclosed, such reports have only limited probative value and cannot, by themselves, establish that an image was AI-generated. Instead, AI detection reports must be corroborated by other evidence before a court may conclude that a disputed image is highly likely to have been generated by AI.

Guangzhou Internet Court: AI Detection Reports Alone Cannot Establish That an Illustration Was AI-Generated (Judgment of 2026) More »

Nanjing Intermediate Court: False AI-Generated Statement that a Lawyer Was Sentenced to Three Years’ Imprisonment Constituted Defamation (Judgment of March 12, 2026）

By Mengchun Zhang • May 24, 2026

This case is one of the early Chinese cases involving reputational harm caused by AI-generated search answers and further illustrates the developing judicial approach toward AI hallucination disputes in China.

Nanjing Intermediate Court: False AI-Generated Statement that a Lawyer Was Sentenced to Three Years’ Imprisonment Constituted Defamation (Judgment of March 12, 2026） More »

Hangzhou Binjiang Court: Failure to Review and Clearly Label AI-Generated Content Constitutes Unfair Competition (Judgment of December 3, 2025)

By Mengchun Zhang • February 14, 2026

For individual users publishing AI-generated content: No “AI-Generated” Defense: Users cannot rely on AI authorship alone to avoid liability. Affirmative Duties Recognized: Users have enforceable obligations to verify content accuracy and provide conspicuous labeling.

Hangzhou Binjiang Court: Failure to Review and Clearly Label AI-Generated Content Constitutes Unfair Competition (Judgment of December 3, 2025) More »

Shanghai Pudong Court Issues First Judgment Defining Liability Boundaries for User-Induced AI Hallucinations (Judgment issued on October 31, 2025)

By Mengchun Zhang • January 26, 2026

Editor’s Note: This case is notable because it shows how courts are beginning to deal with AI “hallucinations” in real commercial settings. Instead of looking only at what the AI said, the Shanghai Pudong Court paid close attention to how the conversation happened, what the user repeatedly asked, and what safeguards the platform had in place. The decision makes clear that when misleading AI outputs are driven by strategic user prompting, and the model provider has acted reasonably, courts may be reluctant to impose liability—offering practical guidance for AI platforms, brand owners, and their counsel.

Shanghai Pudong Court Issues First Judgment Defining Liability Boundaries for User-Induced AI Hallucinations (Judgment issued on October 31, 2025) More »

Hangzhou Internet Court: Application of the Fault-Based Liability Principle to AI “Hallucination” Infringement (Judgment on December 3, 2025)

By Mengchun Zhang • January 6, 2026

Editor’s Note: “AI hallucination” refers to situations where generative AI produces information that is factually incorrect, fabricated, or otherwise unreliable. This case is China’s first court decision addressing civil liability arising from AI hallucinations.

Hangzhou Internet Court: Application of the Fault-Based Liability Principle to AI “Hallucination” Infringement (Judgment on December 3, 2025) More »