In today globalized business landscape, trademarks have become essential intangible assets for enterprises, playing a vital and irreplaceable role in market competition, with their value becoming increasingly significant. Article 10, Paragraph 1 (7) of the Trademark Law prohibits the registration and use of deceptive marks, stating that marks that are deceptive and likely to cause […]
The rapidly growing market for educational training institutions in China has intensified competition among these organizations. The movement of teachers between institutions often gives rise to disputes involving labor contracts, intellectual property, and related matters. While the physical facilities are important, the quality of teaching staff—including well-structured course design and effective instructional skills—remains a critical competitive advantage and a valuable resource for these
Teacher Departure and Movement, Violation of Original Institution’s Trade Secrets? Read More »
Website Notarization and Electronic Evidence Preservation Website notarization represents a formal process where a notary public utilizes specialized hardware and software tools to capture, record, and timestamp the real-time content of web pages and sequences of online actions (such as keyword searches, navigation through hyperlinks, form submissions, and data input). This process generates an authoritative
In China’s judicial system, the fundamental principle of adjudication based on facts and law places evidence at the highest level of importance, often referred to as the “king of legal proceedings.” Unlike the United States, where pretrial discovery is common, China’s legal system requires plaintiffs to bear the burden of proof under the rule that
In China’s judicial system, the fundamental principle of adjudication based on facts and law places evidence at the highest level of importance, often referred to as the “king of legal proceedings.” Unlike the United States, where pretrial discovery is common, China’s legal system requires plaintiffs to bear the burden of proof under the rule that
Virtual property generated within online gaming environments is represented as data within a designated digital space. Given its intrinsic value, capacity to meet user demands, legal recognition, and manageability, it is categorized as a distinct form of property that can be exchanged under certain conditions. As such, it possesses attributes akin to property interests. According to Article 2
Virtual Property in Online Gaming: A Look at Chinese Legislation Read More »
Case Summary A company based in Shanghai runs a non-ferrous metal price information platform called “Shanghai Youmo Network.” This site offers consumers daily spot metal prices, known as SMM price data, for various metals such as copper, aluminum, lead, and zinc, totaling 1,249 price points. The information is collected through market research and analyzed using proprietary AI algorithms, gaining considerable recognition in the market.
This article, originally published in Chinese in Issue 10 of China Judgments in 2025, is authored by He Zhuolan, who holds the position of Assistant Judge at the Judicial Administration Office of the Guangzhou Internet Court. Emotional artificial intelligence (referred to as “emotional AI”) encompasses AI applications that facilitate emotional interactions with users and offer psychological
Influence of Emotional AI APP on Conventional Tort Liability Assessment Read More »
The rapid advancements in intelligent robotics and live streaming have led to the emergence of numerous legal challenges, such as defining the legal status of virtual digital personas, determining if using someone else’s virtual persona for live streaming is an infringement, and whether mimicking another’s live streaming room design amounts to unfair competition. The Hangzhou Court addressed these issues in the Erbai Robot case, clarifying
China First Copyright Dispute Featuring Savvy Robot of Live Streaming Read More »
Non-Competition Typically Reserved for Employees Holding Keys to Trade Secrets Information – Ruling From Supreme People’s Court Referenced Case Database Summary of the Court Ruling If a non-compete agreement restricts an employee from pursuing a job in which they excel or have expertise during the specified period, and this significantly affects their livelihood and employment opportunities, the application of such restrictions must
