Recently, our firm won the first instance of an administrative litigation case for invalidation of an invention patent, in which it is ruled that the invention patent should be comp...
Introduction In the chemical field, it is difficult to seek invalidation of a patent claiming to have achieved unexpected technical effect. This case provides a strategy for success...
Alibaba’s DAMO Academy Opens 100 AI Patent Licenses to Public for Free, Largest in AI Industry in China
Recently, at the Zhejiang Patent Disclosure Implementation Policy Announcement Conference, Alibaba’s DAMO Academy announced that 100 AI patent licenses will be opened to the public for free, which will become the largest patent opening action in Chinese AI industry, including 3 medical AI core patents for precision treatment of cancer.
These 100 AI patents have been listed in Zhejiang Intellectual Property Exchange Center, covering many AI technology fields such as image technology, video technology, and 3D vision, and there are many patents with broad application scenarios such as “traffic light perception”, “suspected infringing image detection”, “time series data prediction”, “point cloud data processing” and “intelligent subtitle generation”. (August 15, 2023, Global Times)
TikTok Sued by NPE in the United States
Recently, TikTok encounters a new NPE lawsuit in the United States. Delaware-based Virtual Creative Artists, LLC (“VCA”) filed a lawsuit in the US District Court for the Northern District of Illinois, accusing that TikTok infringed three of its patents and demanding that TikTok pay for its damages and other expenses.
At present, the court has not yet made a ruling.
According to incomplete statistics, since March 2022, VCA has used the above patents to file patent infringement lawsuits against nearly ten social media platforms, including Meta, Google, Twitter, LinkedIn, and Snap. (August 17, 2023, IPers WeChat public account)
Copyright
Four Departments Including the National Copyright Administration Launched the “Sword Network 2023” Special Campaign
Recently, the four departments of the National Copyright Administration, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the Cyberspace Administration of China jointly launched the “Sword Network 2023” special Campaign to combat online infringement and piracy, which is the 19th continuous special action to combat online infringement and piracy in the country.
The special Campaign will focus on primary areas:
The first is to focus on sports events, on-demand cinemas, cultural blogs, cultural and creative industries, strengthen special rectification of copyright in professional fields, and standardize the order of online communication copyright.
The second is to focus on online videos, online news, and audiobooks, strengthen copyright protection throughout the entire chain of works, and promote the establishment of a good network ecology.
The third is to focus on e-commerce platforms, browsers, and search engines, strengthen the copyright supervision of website platforms, and consolidate the subject responsibility of website platforms. (August 29, 2023, National Copyright WeChat public account)
Government Affairs Related
The National Standard of “Guidelines for Patent Evaluation” was Officially Released
The China National Intellectual Property Administration (“CNIPA”), together with People’s Bank of China and the State Financial Regulatory Administration, organized and compiled the recommended national standard “Guidelines for Patent Evaluation” (national standard number GB/T42748-2023), which has recently been approved and released by the State Administration for Market Regulation and will be implemented on September 1, 2023.
The Guidelines provides basic method tools for patent evaluation, and build a set of extensible and operable patent value analysis and evaluation index system, including 3 first-level indicators of legal value, technical value and economic value, 14 second-level indicators, 27 third-level indicators and several extended indicators, scientifically guiding the selection and weight adjustment of indicators in different scenarios such as license and assignment, finance, taxation, infringement remedies, and hierarchical management, for enterprises, universities, scientific research organizations, financial institutions, appraisal institutions and other entities to select according to actual needs and specific scenarios, and on this basis, through negotiation or comprehensive market information analysis, promote the market pricing and value realization of patents. (August 31, 2023, CNIPA WeChat public account)
Beijing Internet Court Released the White Paper on Adjudication Work
Recently, the Beijing Internet Court held a press conference and released The White Paper on the Adjudication Work of the Beijing Internet Court, focusing on digital copyright, digital consumption, platform governance, data algorithms, network rights and interests protection and other fields, and publishing ten typical cases in five categories.
According to the introduction therein, by the end of July 2023, the Beijing Internet Court had received a total of 194,000 cases and closed 182,000 cases. The types of cases were concentrated in copyright ownership and infringement disputes, online infringement liability disputes and information network sales contract disputes, accounting for 71.57%, 11.27% and 8.65% respectively. The Beijing Internet Court has fully completed the overall structure of the litigation mode from offline to online, with an online submission rate of 100% for case filing, 92.24% for online payment of litigation fees, and 99.89% for online court hearings. (August 31, 2023, Beijing Internet Court)
