Industry hotspots
PART/
01
1. Li Jiaqi has lost over a million followers due to online sales caused by live streaming
On September 10th, Li Jiaqi introduced a certain domestic brand eyebrow pencil worth 79 yuan in a live broadcast event. When she saw a netizen leaving a message saying that it was getting more and more expensive, she asked, "Where is it expensive? It has been at this price for so many years, so don't open your eyes and talk nonsense. It's difficult for domestic brands." "Sometimes you have to find your own reasons. After all these years of salary increases, have you worked hard?" This statement quickly became a hot topic in search, Causing widespread controversy. On September 11th, Li Jiaqi posted an apology, admitting that her words had fallen short of the expectations of her fans and expressing her willingness to listen to suggestions, control emotions, and serve all consumers with dedication. That night, he cried and apologized in the live broadcast room. Affected by this, @ Li Jiaqi Austin has experienced a significant loss of followers on Weibo. As of now, Li Jiaqi's Weibo followers have dropped from 30.435 million to 29.038 million, and over 1.4 million have cancelled their followers and are still in the process of losing followers.
2. Huawei and Xiaomi reach a global patent cross licensing agreement
On September 13th, according to Huawei's official website, Huawei and Xiaomi reached a global patent cross licensing agreement, which covers communication technologies including 5G. Huawei is pleased to have reached a license with Xiaomi, "said Fan Zhiyong, Minister of Intellectual Property Department of Huawei." This license agreement once again reflects the industry's recognition of Huawei's contributions in the field of communication standards and allows us to strengthen our research investment in future mobile communication technology. "Xu Ran, General Manager of Strategic Cooperation Department of Xiaomi Group, said: We are pleased to have reached a patent cross licensing agreement with Huawei, which fully reflects the recognition and respect of each other's intellectual property rights. Xiaomi will continue to uphold Xiaomi's intellectual property values, respect intellectual property rights, and seek a win-win and long-term sustainable intellectual property partnership to promote technology inclusion through intellectual property rights, so that technology benefits a wider audience
3. Supreme Law Promotes a Strategic Settlement between Dyson and Chase Technology
On September 11th, the official Weibo account of Chase Technology "Chase Technology" issued a thank-you letter and @ the Supreme People's Court, expressing gratitude to the presiding judge of the Supreme People's Court and the Intellectual Property Court, Ke Xuning, for the package resolution of the vacuum cleaner product patent dispute between Chase Technology and Dyson. It is understood that since 2019, Dyson and Chase Technology have generated over 20 civil and administrative lawsuits worldwide around the vacuum cleaner patent issue. Finally, with the unremitting efforts of Judge Kochning from the Intellectual Property Court of the Supreme People's Court, Chase Technology and Dyson unanimously recognized the importance of intellectual property and healthy competition, fully affirmed the value of each other's patents, and in order to jointly support the development of the industry and provide better products and services to consumers, both parties ultimately reached a strategic settlement.
4. Samsung v. BOE Patent Infringement Case Will Open on November 1st
On September 4th, the Chongqing Court Public Service Network showed that Dongguan Samsung Vision Co., Ltd. added two new court hearing announcements. The defendants were BOE Technology Group Co., Ltd., Chengdu BOE Optoelectronic Technology Co., Ltd., and the Jingxuan Communication Equipment Business Department in Liangjiang New Area. The cause of the case was a dispute over infringement of invention patent rights. The two cases will be heard in the Chongqing First Intermediate People's Court on November 1st.
5. Due to illegal processing of personal information, the National Cyberspace Administration fined CNKI 50 million yuan
On September 6th, the National Internet Information Office imposed administrative penalties related to network security review on CNKI in accordance with the law. After investigation, it has been found that the main operating entities of CNKI are Tongfang CNKI (Beijing) Technology Co., Ltd., Tongfang CNKI Digital Publishing Technology Co., Ltd., and China Academic Journal (CD version) Electronic Magazine Co., Ltd. The 14 apps operated by CNKI, including mobile CNKI and CNKI Reading, violate the principle of necessity in collecting personal information, collect personal information without consent, and do not disclose or express the rules for collection and use Failure to provide account cancellation function, failure to delete user personal information in a timely manner after user account cancellation, and other illegal behaviors. On September 1st, the National Cyberspace Administration made a decision on administrative penalties related to network security review against CNKI in accordance with the law, ordering it to stop illegal processing of personal information and imposing a fine of 50 million yuan.
6. Shenzhen Intermediate People's Court Releases "Twenty Hot Issues Concerning Internet Unfair Competition Disputes"
On September 2nd, the Shenzhen Intermediate People's Court, starting from the requirements of accelerating the construction of a new development pattern and promoting high-quality development, comprehensively strengthened the work of anti monopoly and anti unfair competition trials, and organized professional forces to sort out and summarize the "Twenty Hot Spots of Disputes Involving Internet Unfair Competition", which involves key and difficult issues in judicial practice, Including "when can we use Article 2 of the Anti Unfair Competition Law 'General Provisions' to file a lawsuit", "determination of the principle of good faith and business ethics in Article 2 of the Anti Unfair Competition Law", "determination of the elements of competition relationship", and "whether the rights holder can claim rights and interests in the products after collecting and organizing public data".
7. Tesla sues Xiaomi Holding Company Bing Zero Technology for infringing on technology secrets and unfair competition
On September 5th, according to a report by the Financial Times, Tesla (Shanghai) Co., Ltd., as the plaintiff, filed a lawsuit against Bing Zero Intelligent Technology (Changzhou) Co., Ltd. on the grounds of "infringement of technical secrets and unfair competition dispute". The case will be heard in the Shanghai Intellectual Property Court on October 10, 2023. It is understood that Tesla (Shanghai) Co., Ltd. is a subsidiary of Tesla in China, and Tesla's CEO is Elon Musk. In March 2023, Bing Zero Technology added a new shareholder, Beijing Xiaomi Zhizao Equity Investment Fund Partnership (Limited Partnership), which is the industrial investment platform of Xiaomi founder Lei Jun and invests in new energy vehicle industry chain components. At present, the details of the dispute in the aforementioned case have not been disclosed.
8. The 2023 China International Trade Fair "Forum on Intellectual Property Dispute Resolution and High Quality Development" was held in Beijing
On September 2nd, the "Intellectual Property Dispute Resolution and High Quality Development Forum" of the 2023 China International Trade in Services Fair was held at the National Convention Center. The theme of this forum is "Strengthening diversified protection and stimulating innovation vitality", aiming to provide effective ways for enterprises to resolve intellectual property disputes during the process of "going out" and "introducing", enhance the multiple intellectual property protection capabilities of market entities and international market competitiveness, and provide intellectual support for Beijing and even China's high-level opening up and high-quality development in the digital economy era.
9. OPPO's latest response to the London High Court
The High Court of London stated in July that OPPO could choose to accept the global FRAND rate ruled by the court or accept an injunction ruling prohibiting OPPO from selling its equipment in the UK. OPPO replied to the High Court of London on September 7th, stating that it does not recognize the jurisdiction of the High Court of London to rule on this global FRAND licensing rate. Based on this, the High Court of London ruled on an injunction against OPPO's Essential Patent (SEP) for cellular standards. At present, the ban needs to be confirmed and implemented after the OPPO appeal results are announced (approximately 6 to 9 months later). In addition, the High Court of London has ruled on an injunction regarding the implementation of (non standard essential) patents, which will take effect 28 days after the announcement of the verdict.
10. Ideal Car Response Accused of Plagiarism of Rear Tent Patent: No Malicious Plagiarism of Others' Patents
On September 9th, a car blogger posted on Weibo a subsidy policy from Guangzhou Mike Industrial Co., Ltd. regarding the purchase of cars, prohibiting employees from purchasing ideal cars. However, employees who purchase Huawei Wenjie Motors will be given a 20% car purchase subsidy, sparking heated discussions. The company stated that recently, Ideal Automobile maliciously plagiarized its rear tent patent, and as the first company to propose the concept of tram camping, it is facing corporate bullying from Ideal Automobile in its most familiar industry, such as the recent Ideal Image Quality and Ideal Film incident. In response, Ideal Automobile stated that the rear tent provided by Ideal Automobile was purchased from a third-party supplier, and the product was not designed or produced by Ideal Automobile, and there was no malicious plagiarism of patents from others. After verification by the suppliers of Ideal Automobile and the rear tent, there is currently no judicial authority ruling that the product constitutes patent infringement.
New regulations for express delivery
PART/02
1. The Ministry of Culture and Tourism and the Ministry of Public Security have issued a notice on further strengthening the standardized management of large-scale commercial performance activities and promoting the healthy and orderly development of the performance market
At present, the performance market is rapidly recovering and developing, with a significant increase in large-scale commercial performance activities such as concerts and music festivals. While meeting the spiritual and cultural needs of the people, some performance activities also face prominent issues such as ticket speculation, irrational star chasing, and uncivilized viewing. On September 12th, the Ministry of Culture and Tourism and the Ministry of Public Security jointly issued a notice on further strengthening the standardized management of large-scale commercial performance activities and promoting the healthy and orderly development of the performance market, proposing 24 specific requirements around 7 aspects.
2. The State Administration of Radio and Television and the Ministry of Industry and Information Technology have issued the "Notice of the State Administration for Market Regulation on Further Strengthening the Management of Vehicle Audio and Video"
In recent years, with the continuous development of the Internet of Vehicles technology, intelligent connected vehicles have begun to add network audio and video reception modules on top of in car wireless broadcasting reception terminals, continuously enriching communication forms and audio-visual consumption scenarios. However, there have also been issues such as non-standard service behavior of individual in car audio and video service institutions. Wireless broadcasting is an important component of the basic public services of the country, with the characteristics of public welfare, urgency, and universality. It is an important transmission method for transmitting the central voice, ensuring the smooth flow of national government orders, and ideological security. It is also an important infrastructure to ensure that the public quickly and effectively receives authoritative emergency information in emergency situations. To continuously consolidate and strengthen the mainstream ideological and public opinion of the new era of striving, ensure that the central voice and emergency information cover the vehicle space, shape a new pattern of in car audio and video public opinion, and meet the new needs of the people for diversified and personalized spiritual and cultural life. On September 14th, the State Administration of Radio and Television, the Ministry of Industry and Information Technology, and the State Administration for Market Regulation jointly issued a notice on further strengthening the management of on-board audio and video.
3. The China Federation of Radio and Television Social Organizations, the China Network Audiovisual Program Service Association, and the China Television Drama Production Industry Association have issued the "Regulations on Safety Production Management of Television Drama and Network Drama Production Teams (Trial)"
In order to firmly establish the concept of safe development, further strengthen the safety management of television and online drama shooting, clarify and refine the safety responsibilities of the production team, effectively prevent and control production safety risks, and ensure the safety of the lives and property of employees, the China Federation of Radio and Television Social Organizations, the China Association of Online Audiovisual Program Services The China Television Drama Production Industry Association has formulated the "Regulations on Safety Production Management of Television Drama and Online Drama Production Teams" in accordance with laws and regulations such as the "Safety Production Law", the "Labor Law", the "Emergency Response Law", and the "Production and Operation Standards for Television Drama and Online Drama Production Teams (Trial)".
4. The National Cyberspace Administration publicly solicits opinions on the Decision on Amending the Cybersecurity Law of the People's Republic of China (Draft for Soliciting Opinions)
In order to coordinate the connection between the Cybersecurity Law of the People's Republic of China and relevant laws, improve the legal responsibility system, protect the legitimate rights and interests of individuals and organizations in the cyberspace, and maintain national security and public interests, the National Cyberspace Information Office, together with relevant departments, has drafted the "Decision on Amending the Cybersecurity Law of the People's Republic of China (Draft for Soliciting Opinions)", and is now soliciting opinions from the public.
5. China Asset Appraisal Association issues the "Guiding Opinions on Data Asset Appraisal"
In order to standardize the practice of data asset evaluation and protect the legitimate rights and public interests of the parties involved in asset evaluation, under the guidance of the Ministry of Finance, the China Asset Evaluation Association has formulated the "Guiding Opinions on Data Asset Evaluation", which will come into effect on October 1, 2023.
6. The Central Cyberspace Information Office issued the Guiding Opinions on Further Strengthening the Reporting of Network Infringement Information
The reporting of online infringement information is an important measure taken by the internet information department to implement the online mass line, and an important means to protect the legitimate rights and interests of netizens on the internet. It is of great significance to promote the formation of a positive, healthy, and upward oriented network culture. In order to strengthen the reporting of online infringement information, promote the establishment of a good network ecosystem, and effectively safeguard the legitimate rights and interests of netizens, the Central Cyberspace Administration has issued the "Guiding Opinions on Further Strengthening the Reporting of Online Infringement Information".
Judicial Cases
PART/03
1. Malicious infringement of well-known trademark rights for investment promotion and franchise, fined 10 million yuan
Recently, the Guangzhou Intellectual Property Court heard a case of infringement of trademark rights and unfair competition disputes involving merchants using the "Swisse" trademark to engage in investment and franchise activities across the country. The merchant was awarded a punitive compensation of 10 million yuan by the court.