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Suggestions on Burden of Proof for Copyright of AI-Generated Content

Shanji FANG Chinese Attorney-at-Law Wei Chixue Law Firm Preface With the continuous development and popularization of AI creation technology, AI-generated content has emerged extensively in many fields such as literature, art, and news, and the issue of its copyright protection has become increasingly prominent. However, while AI creation brings many innovations and conveniences, it has also triggered a series of disputes. According to the White Paper on Judicial Protection of Digital Copyright...

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The Role of Trademark Use in Trademark Authorization,Determination and Infringement Defense

Yan WANG Chinese Trademark Attorney Chinese Attorney-at-Law Wei Chixue Law Firm Introduction Trademark use is a core concept within the trademark legal system, directly impacting the acquisition and maintenance of trademark rights, as well as the determination of infringement. It holds significant importance in corporate brand strategy. Recent amendments to trademark law have shown an increasing emphasis on trademark use. For instance, the amended Trademark Law of 2019 explicitly requires that t...

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An Analysis of Defense Strategies against the Deceptiveness Clause of the China Trademark Law —From the Perspective of Trademarks Containing Product Ingredients

Meiyan LI Attorney-at-Law Beijing Wei Chixue Law Firm Introduction Article 10(1)(vii) of the China Trademark Law provides that a sign having the nature of deception and being apt to mislead the public as to the quality or other characteristics or the origin of the goods shall not be used as a trademark. In judicial practice, the number of cases of rejection of trademark applications for violation of this deceptiveness clause is increasing year by year. This article provides compliance guidelines...

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Judicial Rules for Determining ”Infectiousness” of GPL through Case Studies

Min YAO Chinese Attorney-at-Law Beijing Wei Chixue Law Firm GPL (General Public License) is one of the widely used licenses for open-source software. GPL requires derivative code based on GPL open-source code to also be distributed under GPL, ensuring open-source availability. This characteristic of GPL is referred to as infectiousness and has a significant impact on the distribution of software created using GPL open-source code, gaining attention from software developers. This article aims to...

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