On April 26, 2024, China’s National Intellectual Property Administration (CNIPA) released the 2023 Typical Cases of Administrative Enforcement (2023年度知识产权行政保护典型案例). The 30 cases covers patents, trademarks and geographical indications. Administrative enforcement in China provides an alternative to enforcement through the court system and can be faster and less expensive than going to trial. However, while damages are unavailable defendants can be fined.
Category: Case
China’s Beijing Internet Court Recognizes Personality Rights in Generative AI Case
In an announcement dated April 23, 2024, the Beijing Internet Court of China ruled against a defendant that used a dubber’s voice to train a generative AI. Specifically, the Court held that the defendant use of dubber’s voice to train an AI voice generator infringed the dubber’s personality rights due to similarity of the voice generator output to the dubber’s voice. This same Court earlier held there is copyright in AI-generated images.
China’s Supreme People’s Court Releases Top 10 IP Cases of 2023
On April 22, 2024, China’s Supreme People’s Court (SPC) released the Top 10 Intellectual Property Cases of 2023 and 50 Typical IP Cases of 2023. While not officially a common law jurisdiction, these cases have “demonstration and guidance functions” for lower courts. The SPC also released the Top 10 Influential Cases earlier this year.
China’s Supreme People’s Court Hold IP Press Conference and Releases Report on 2023 IP Protection
On April 22, 2024, China’s Supreme People’s Court (SPC) held a press conference for Intellectual Property Publicity Week, introducing the overall situation of judicial protection of intellectual property rights in courts across the country in 2023. The SPC also released the Status of Judicial Protection of Intellectual Property Rights in Chinese Courts (2023) (中国法院知识产权司法保护状况(2023年)). Some highlights from the press conference and report follow.