The China National Intellectual Property Administration (CNIPA) Issues Report on Intellectual Property Agency Developments (2022)
Date: 11 May 2023
Recently, CNIPA Issued its Report on Intellectual Property Agency Developments (2022) containing information relating to China’s patent agencies, trademark agencies, patent attorneys, patent attorney qualification exam, as well as industry regulations and major events in 2022.
According to the report, as of the end of 2022 China had a total of 4,520 patent agencies (excluding those in Hong Kong, Macao, and Taiwan regions), 71,466 trademark agencies, and 31,347 licensed patent attorneys nationwide. Of the 4,520 patent agencies, 397, i.e. 8.8%, had been established for more than 20 years, which suggests that an increasing number of patent agencies are prioritizing brand building, stability and continuity, while 1,931 patent agencies, accounting for 42.7% of the total, had been established within three years, which reflects the rapid growth trend of China’s patent agency industry.
In relation to industry regulation during 2022, CNIPA continued to advance the Operation Blue Sky initiative in the intellectual property attorney industry, cracking down on illicit attorney activities. Throughout the year, 1,489 patent agencies were required to attend regulatory talks with the intellectual property administration departments, and 923 were instructed to make rectifications. A total of 332 administrative cases were accepted, with 238 administrative penalties being issued. These figures indicate that the regulatory systems and mechanisms have been further enhanced.
Source: CNIPA
https://www.cnipa.gov.cn/art/2023/5/11/art_53_185016.html
Short-Video Platform Douyin Issues Platform Guidelines for the Regulation of AI-Generated Content
Date: 9 May 2023
Douyin recently released a set of guidelines regarding Artificial Intelligence Generated Content (AIGC) and is seeking to establish it as a standard for the industry. The guidelines state that all participants on the platform, including creators, hosts, users, merchants, and advertisers, must clearly label AIGC to differentiate it from real-life content and prevent confusion. Publishers will be held accountable for the consequences of AIGC and must ensure that virtual individuals are registered and the users’ identities behind them authenticated. Additionally, Douyin prohibits the use of generative AI technology to produce and publish infringing content, including but not limited to portrait or intellectual property rights. The platform has the power to impose severe penalties for any violations.
Source: START
https://www.ithome.com/0/691/389.htm
Tencent Awarded 5 million yuan (approx. US$ 700,000) in Unfair Competition Action Relating to Weixin (WeChat) and Lianxin
Date: 9 May 2023
Tencent Technology (Shenzhen) Co., Ltd. is the owner of copyright in the ‘Weixin (WeChat)’ software and Shenzhen Tencent Computer System Co., Ltd. holds an exclusive license to utilize the software. Jianxin Company and Lianshang Company owned and operated ‘Lianxin’ software, which incorporated various icons and functions of the ‘Weixin (WeChat)’ software. The Tencent companies (‘Tencent’) brought an unfair competition action, seeking damages of 10 million yuan (approx. US$ 1.4 million), indicating that awarding damages on the basis of an account of profits or statutory damages was at the discretion of the Court.
In the initial ruling, the Primary People’s Court of Tianhe District in Guangzhou Municipality, Guangdong Province, found that the Defendants had engaged in unfair competition and awarded 1.6 million yuan (approx. US$ 225,000) statutory damages. As Tencent had been unable to provide evidence of the number of users, traffic and marketing costs associated with Lianxin, damages could not be calculated on the basis of an account of profits. Tencent appealed to the Guangzhou Intellectual Property Court, which increased the compensation by awarding statutory damages of 5 million yuan (approx. US$ 700,000) the maximum for a single infringement, plus reasonable costs of 200,000 yuan (approx. US$ 28,000). Tencent had argued, unsuccessfully, that it should not be limited to 5 million statutory damages as the case involved ten commercial marks or trademarks and did not, therefore, relate to a single infringement.
Source: iPolicyLaw
https://mp.weixin.qq.com/s/unmeb6K02SzepxsFLNM3Hw
Blocking ‘Teen Mode’ Pop-ups on Tencent videos held to constitute Unfair Competition – damages award of 3 Million Yuan (approx. US$ 420,000)
Date: 22 May, 2023
Tencent Video and Tencent NOW Live are online media platforms developed and owned by Shenzhen Tencent Computer System Co., Ltd., Tencent Technology (Shenzhen)Co.,Ltd., and Tencent Digital (Tianjin) Co., Ltd. Both Apps provide a ‘Teen Mode’ for underage users that filters out inappropriate content. Aichengzi Company developed and operated an ‘Ad-blocker’ which enables users to automatically skip or block the ‘Teen Mode’ pop-ups when entering Tencent products. The three Tencent companies referred to above brought an unfair competition action against Aichengzi Company.
The Court determined that the App operated by the Defendant prevented users from enabling ‘Teen Mode’, thereby influencing their decisions, changing the functions of Tencent’s products, and circumventing Tencent’s restrictions on underage users’ use of the platform. This behaviour significantly impeded and disrupted the normal operation of Tencent’s products. Furthermore, blocking pop-ups relating to ‘Teen Mode’ conflicts with China’s regulations concerning the protection of minors’ online safety. Based on these findings, the Court held that the Defendant had engaged in unfair competition and ordered it to pay the Plaintiffs 3 million yuan (approx. US$ 420,000) in compensation for economic loss and reasonable expenses.
Source: The Primary People’s Court of Tianjin Binhai New Area
https://mp.weixin.qq.com/s/26OjwebZu-zWWiU-PwDNOA
The State Intellectual Property Administration released the “National Intellectual Property Agency Industry Development Status ( 2022 )”
Date: 2023-05-11
A few days ago, the State Intellectual Property Office released the “National Intellectual Property Agency Industry Development Status ( 2022 )”, which reviewed the status of Chinese patent agencies, trademark agencies, patent attorneys, and patent attorney qualification examinations, as well as industry supervision and events in 2022 . Analyzed.
The data shows that by the end of 2022 , there will be 4,520 domestic patent agencies in China (excluding Hong Kong, Macao and Taiwan), the number of trademark agencies will reach 71,466 , and the number of practicing patent attorneys nationwide will reach 31,347 . Among the 4,520 patent agencies in the country , according to the years of establishment of patent agencies, there are 397 patent agencies that have been established for more than 20 years, accounting for 8.8% of the total number of patent agencies in the country , showing that there are more and more patent agencies The institution pays attention to brand building and maintains stability and continuity. There are 1,931 patent agencies established within 3 years , accounting for 42.7% , which shows that China’s current patent agency industry is developing rapidly.
In terms of industry supervision, in 2022 , the State Intellectual Property Office will continue to further promote the ” Blue Sky ” special rectification campaign for the intellectual property agency industry, crack down on illegal agency behaviors, interview 1,489 patent agencies , order rectification of 923 , and file 332 cases cases, 238 administrative penalties were imposed , and the supervision system and mechanism were further improved.
Source: State Intellectual Property Office 2023-05-11
News link: https://www.cnipa.gov.cn/art/2023/5/11/art_53_185016.html
Douyin releases platform norms and industry initiatives on AI-generated content
Date: 2023-05-09
Recently, Douyin released a platform specification and industry initiative on artificial intelligence-generated content (hereinafter referred to as “AIGC” ). During the AIGC , the publisher should make a prominent mark to help other users distinguish between virtual and reality, especially in confusing scenes. Publishers are responsible for the corresponding consequences of AIGC ; virtual people need to register on the platform, and virtual human technology users need real-name authentication. Douyin also prohibits users from using generative artificial intelligence technology to create and publish infringing content, including but not limited to portrait rights, intellectual property rights, etc. Once discovered, the platform will be severely punished.
Source: IT Home 2023-05-09
News link: https://www.ithome.com/0/691/389.htm
” WeChat ” was counterfeited and confused by ” Lianxin ” , and the second-instance judgment was changed to a maximum compensation of 5 million yuan
Date: 2023-05-09
The plaintiff, Tencent Technology Company, is the copyright owner of the ” WeChat ” software, and Tencent Computer Company has been granted the exclusive right to use the software copyright. The defendants Jianxin Company and Lianshang Company are the joint operators of the ” Lianxin ” software, and Lingxi Company provides the download service of the ” Lianxin ” software through operating the PP assistant platform. Tencent Computer Company claimed that ” Lianxin ” used multiple functions and icons of ” WeChat ” , which constituted unfair competition, and claimed that the defendants should be determined to compensate economic losses of 10 million yuan based on infringement profits or statutory compensation. Tencent Computer Company believes that although the statutory compensation limit is 5 million yuan, it is the limit for one infringement. This case involves more than a dozen commercial marks, so it claims that the statutory compensation limit of 10 million yuan does not exceed the limit.
The People’s Court of Tianhe District, Guangzhou City, Guangdong Province found in the first instance that the defendant constituted unfair competition, and determined the amount of compensation to be 1.6 million yuan as appropriate. The second instance of the Guangzhou Intellectual Property Court revised the judgment on the amount of compensation. When determining the amount of compensation, the court of second instance held that, first of all, the plaintiff failed to prove the number of users, profit flow or customer acquisition cost of ” Lianxin ” , and could not use the profit from infringement as the basis for determining the amount of compensation, so this case can only apply statutory compensation Way. The plaintiff’s claim of 10 million yuan in statutory compensation exceeds the limit of 5 million yuan stipulated by the law. It has no basis in law and cannot be supported. Considering the high popularity and market value of ” WeChat ” , the three defendants jointly committed acts of unfair competition, the subjective malice was obvious, and the circumstances were relatively serious. Therefore, the maximum statutory compensation was used and the defendant was sentenced to jointly compensate the plaintiff for economic losses of 5 million yuan and reasonable expenses of 20 yuan . ten thousand yuan.
Source: iPolicyLaw 2023-05-09
News link: https://mp.weixin.qq.com/s/unmeb6K02SzepxsFLNM3Hw
Using technical means to block the pop-up window of ” Youth Mode ” constitutes unfair competition, and the compensation is 3 million yuan
Date: 2023-05-22
Tencent Video is an online video media platform created by Tencent Computer Company, Tencent Technology Company, and Tencent Digital Company. Tencent NOW Live is a national video social live broadcast platform under Tencent. Both Tencent Video and Tencent NOW live broadcast provide users with a ” teenage mode ” , which filters inappropriate content for young users to ensure that young people can use the Internet in a healthy and scientific manner. Aicheng Company develops and operates the ” Advertising Tool ” App , which provides users with the function of automatically skipping / blocking the pop-up window of the youth mode entrance of Tencent products. Tencent Computer Company, Tencent Technology Company and Tencent Digital Company believed that the actions of Ai Orange Company constituted unfair competition and sued to the court.
The People’s Court of Tianjin Pilot Free Trade Zone held that the app involved in the case operated by the defendant affected the user’s choice, so that the user could not use the youth mode through the prominent pop-up window popped up on the homepage of the Tencent product, deleted and changed the functions of the Tencent product, and circumvented The plaintiff’s restrictions on minors’ use of the platform have substantially hindered and destroyed the normal operation of Tencent’s products, and the behavior of the App involved in blocking the youth mode pop-up windows runs counter to the relevant national regulations on the protection of minors’ network security, which has serious consequences. improper. Therefore, the court determined that the accused conduct constituted unfair competition, and decided that the defendant should compensate the plaintiff for economic losses and reasonable expenses of RMB 3 million.
Source: Tianjin Binhai New Area Court 2023-05-22
News link: https://mp.weixin.qq.com/s/26OjwebZu-zWWiU-PwDNOA
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