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Applying Punitive Damages in IP Cases: Chinese Court Practices Applying Punitive Damages in IP Cases: Chinese Court Practices Under the Chinese law, punitive damages refer to the amount determined by the court to be one to five times the compensation awarded to the right holder suffering from malicious IPR infringement. 2023-08-11 More
Can one access and copy one’s online browsing history when it involves other’s personal information? Can one access and copy one’s online browsing history when it involves other’s personal information? As the internet further penetrates into our personal lives, the trajectory of personal behavior and browsing history during online activities may become part of personal information. 2023-07-24 More
Chinese Court First Finds Fanfiction to Infringe Copyright Chinese Court First Finds Fanfiction to Infringe Copyright The court held that a literary work consists of three elements: characters, plot, and setting. 2023-07-18 More
Can consumers claim fulfillment of contract when sellers undermark goods’ price mistakenly? Can consumers claim fulfillment of contract when sellers undermark goods’ price mistakenly? On Nov 10, 2020, the plaintiff surnamed Gao made a purchase described as "a case of Maotai" (Maotai is a top Chinese alcohol brand) from an online store of the defendant. In the next five minutes, Gao placed another three orders for one case, 100 cases and 50 cases of the same commodity, with a total price of 106,248 yuan ($15,342.8). 2023-06-27 More
Court rejects claim against livestream host Court rejects claim against livestream host A woman who became an internet celebrity while using her cousin's livestreaming account and then transferred the account to her own name has been cleared of infringing virtual property rights by a court in Guangdong province.0 2023-05-29 More
The nominal operators and actual operators of The nominal operators and actual operators of "Live streaming with goods" shall bear the responsibilities. At present, there is such a sales model in the online sales platform, that is, after the actual operators open online stores, they lend their accounts to third party marketing companies or traffic "Internet celebrities" for use. The actual business information has not been clarified and changed by the relevant business entities, and the consumers cannot identify the business entities after the occurrence of disputes. Then in the face of such disputes, how to divide the responsibilities? 2023-05-22 More