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 »

Trademark Infringement and Unfair Competition Case over the mark “Haipawang” (Fujian High People’s Court, 2024)

Trademark Infringement and Unfair Competition Case over the mark “Haipawang” (Fujian High People’s Court, 2024)By •

Issue involved: Where a company owns a prior registered trademark in the class covering the allegedly infringing goods—but that mark is unused or defensive—can the company instead rely on a different trademark registered in another class to seek recognition as a well-known mark and obtain cross-class protection? Comments/Strategies: 1. Focusing the Claim on Class 29 Rather than Class 30: After

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Hangzhou Intermediate Court: The First Generative AI Platform Copyright Case in China: Ultraman v. Acgnai (Judgment as of December 30, 2024)

Hangzhou Intermediate Court: The First Generative AI Platform Copyright Case in China: Ultraman v. Acgnai (Judgment as of December 30, 2024)By •

Issue involved: Whether the provision of image-generation models by a generative artificial intelligence (AI) platform constitute infringement of the right of communication through information networks? Mengchun’s Comments: Summary of the First Instance Judgment: 1. Background Pic：A screenshot of uploading “Ultraman” images to train corresponding LoRA models by Users Pic: Images generated by the generative AI platform About LoRA: the core idea of LoRA

Hangzhou Intermediate Court: The First Generative AI Platform Copyright Case in China: Ultraman v. Acgnai (Judgment as of December 30, 2024) More »

The First Case on Copyright Infringement through IVI: Tencent v. IQIYI, Xpeng, et al. (2024, Ruled by Beijing Internet Court)

The First Case on Copyright Infringement through IVI: Tencent v. IQIYI, Xpeng, et al. (2024, Ruled by Beijing Internet Court)By •

Issue involved: This case marks the first dispute in China involving copyright infringement concerning the dissemination of works through an IVI (In-Vehicle Infotainment) system. The court addressed the emerging issue of liability determination for such infringements. This case has been selected as one of the “Top Ten Hot Copyright Cases of 2024 by AIPPI China,” one of the “Top Ten IP

The First Case on Copyright Infringement through IVI: Tencent v. IQIYI, Xpeng, et al. (2024, Ruled by Beijing Internet Court) More »

Luzhou Intermediate Court Awards CNY 196 Million for Trademark Infringement and Unfair Competition of “Yelanggujiu” (Ruled by Luzhou Intermediate People’s Court, Sichuan Province on November 7, 2024)

Luzhou Intermediate Court Awards CNY 196 Million for Trademark Infringement and Unfair Competition of “Yelanggujiu” (Ruled by Luzhou Intermediate People’s Court, Sichuan Province on November 7, 2024)By •

Court: Luzhou Intermediate People’s Court Date of Issuance: November 7, 2024 Case No.: (2024) Chuan 05 Zhi Min Chu No. 5 Issue involved: How did the right holder obtain a compensation award totaling CNY 196 million? Mengchun’s Comments: 1. Collect data from the infringers’ official website, media platforms, and annual report, to serve as critical evidence for calculating sales volume

Luzhou Intermediate Court Awards CNY 196 Million for Trademark Infringement and Unfair Competition of “Yelanggujiu” (Ruled by Luzhou Intermediate People’s Court, Sichuan Province on November 7, 2024) More »

Case Concerning the Rejection of All the Claims by Jay Chou （Issued by the Hangzhou Intermediate Court in August 2024）

Case Concerning the Rejection of All the Claims by Jay Chou （Issued by the Hangzhou Intermediate Court in August 2024）By •

Court: Hangzhou Intermediate People’s Court Date of Issuance: August 2024 Case No.: (2024) Zhe 01 Min Zhong 1863 Issue Involved: NetEase organized a giveaway event on Sina Weibo, offering participants the opportunity to win Jay Chou’s new digital album and concert tickets by reposting specific content. Both the event and the related Weibo posts used Jay Chou’s name. The central

Case Concerning the Rejection of All the Claims by Jay Chou （Issued by the Hangzhou Intermediate Court in August 2024） More »

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