World’s First Platform Copyright Case
China Intellectual Property Blog
by chinabrand-redaktion
20h ago
On February 26, the Internet Court in Guangzhou issued a landmark ruling regarding generative AI services that infringe on third-party copyrights. A platform for Artificial Intelligence Generated Content (AIGC), which was not named, was found guilty of having produced an image resembling the well-known comic character Ultraman. The copyright owner, Tsuburaya Productions Co., Ltd., signed an authorization agreement with the plaintiff, Shanghai Xinchuanghua Culture Development Co., Ltd., transferring the exclusive copyright of the Ultraman series images to the plaintiff and granting them the rig ..read more
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Metacrime – Investigations in the Metaverse
China Intellectual Property Blog
by chinabrand-redaktion
1w ago
With the growth of the Metaverse, a new arena for crime is emerging – Metacrime. Companies can be affected in different ways. In collaboration, attackers can intercept, manipulate, delete, or inject data undetected through man-in-the-middle attacks by eavesdropping and spying. They can use deepfake technologies to imitate real people and use fake avatars for illegal activities. By stealing virtual identities, they can gain unauthorized access to virtual assets, conduct criminal transactions, or use token systems for fraud. Intellectual property involves the misuse of protected trademarks, desi ..read more
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Cultural adaptation in the virtual space
China Intellectual Property Blog
by chinabrand-redaktion
3w ago
The virtual space opens up completely new ways for companies in China to communicate, but it also requires a deep understanding of the cultural nuances that shape interactions. There are many critical factors that influence success in this environment – from the choice of avatar attire to the meaning of numbers and colors.  Avatar clothing plays a key role in Chinese virtual reality (VR) culture. For example, the preference for conservative and formal clothing reflects traditional values. Dark colors such as black, blue and red are not only stylish, but also carry a symbolic meaning. Blac ..read more
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Boost for the digital economy
China Intellectual Property Blog
by chinabrand-redaktion
1M ago
In order to further open up and accelerate trade in services, Shanghai wants to facilitate the cross-border transfer of financial data as part of a new plan. Financial institutions are now allowed to transfer data abroad that is necessary for their daily operations. In order to promote and regulate cross-border data flow, a data catalog will be established, a safe and convenient legal mechanism for cross-border data flow will be developed, and a cross-border data service center will be set up.  The plan also emphasizes the importance of opening up and sharing data. It proposes to establis ..read more
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Data as intellectual property
China Intellectual Property Blog
by chinabrand-redaktion
1M ago
Data and intellectual property are closely linked in various ways. For example, data resulting from creative processes can be protected as intellectual property (data IP). On the other hand, for example, the term of protection of a patent, the number of the subclass of a trademark or the place of jurisdiction of an infringement suit are IP data. In principle, IP and data are protected, but protection should not slow down or prevent innovation.   China is working on pilot projects to find a balance between data security in the public and private interest and the effective use of data ..read more
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Purchase data can be trade secrets
China Intellectual Property Blog
by chinabrand-redaktion
2M ago
A landmark ruling in China has found that the purchase of data containing trade secrets can lead to legal consequences. In one specific case, Guangzhou Sanmou Motorcycle, a motorcycle manufacturer, acquired company data from the top ten motorcycle exporters through a contract with a data provider. This data included sensitive information of a competitor, Chongqing Guangmou Motorcycle Manufacturing, including export destinations, product details and quantities. Chongqing Guangmou considered this information to be trade secrets and sued Sanmou for unlawful appropriation. The People’s Court in th ..read more
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Reporting of cyber security incidents
China Intellectual Property Blog
by chinabrand-redaktion
3M ago
China regulates the reporting of cyber security incidents in a new law, which is now available in draft form. A key aspect is the reporting obligation for companies that set up or operate networks in China or provide services via networks. Particular attention is paid to the different reporting channels for central bodies, critical infrastructures and other network and system operators, which are clearly defined. The draft stipulates that reports must contain precise information about the time, location, nature and impact of the incidents. In the case of ransomware attacks, the disclosure of d ..read more
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China’s AI verdict will change the markets
China Intellectual Property Blog
by chinabrand-redaktion
3M ago
The ruling made headlines: Beijing’s Internet Court has ruled in a landmark judgment that AI-generated images can be copyrighted because they reflect the creative contribution of humans. The parameters of the AI set by humans make the end result worthy of copyright. This surprising decision, which deviates massively from Western case law, offers new perspectives on the relationship between artificial intelligence and intellectual property rights. The ruling was prompted by a case in which the plaintiff, a blogger, used text-to-image generation based on AI. This led to a dispute when another bl ..read more
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The audit on personal data protection is coming
China Intellectual Property Blog
by chinabrand-redaktion
4M ago
The Cyberspace Administration of China (CAC) published the Administrative Measures for the Audit of Personal Information Protection Compliance for Comment in August. The aim is to operationalize the regular compliance audit for processors of personal information in accordance with Article 54 and 64 of the Personal Information Protection Law (PIPL). The administrative measures specify the obligation to conduct regular compliance audits in terms of frequency and distinguish between two types of subjects: A processor that processes more than one million pieces of personal information must conduct ..read more
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Special zone for IP protection
China Intellectual Property Blog
by chinabrand-redaktion
5M ago
IP protection is becoming a regional competitive factor in China. The Chinese province of Hainan has now announced that it will establish a special zone for this purpose in Sanya Yazhou Bay. The aim is to establish and further explore a centralized management for IP rights. The first step of this development is the opening of the Hainan Center of China Copyright Protection. The center is the first facility of its kind in China. It will provide comprehensive copyright services focusing on software, culture, literature and digital media. One goal is also to advance international cultural busines ..read more
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