以下文章来源于中伦文德律师事务所 ，作者ZLWD

The court issued the "Typical Civil Cases Involving Sports Disputes" for the first time, which protects the IP of live streaming sports events

On June 24, the first anniversary of the promulgation of the newly revised Sports Law, the court issued the first time typical civil cases involving sports disputes on June 21.

The court has selected eight typical civil cases involving sports disputes nationwide and released them to the public. The typical cases involve contract disputes, intellectual property rights and competition disputes, labor disputes, and tort liability disputes.

The protection of sports intellectual property rights and the strict regulation of all kinds of unfair competition behaviors are also the key contents of this typical case release. The typical cases released this time include both the cases of safeguarding the special logo exclusive rights of the Asian Games Organizing Committee and the protection of intellectual property rights related to sports events."The courts have resolutely stopped unfair competition, encouraged knowledge innovation, respected intellectual achievements, created a good social atmosphere for the protection of intellectual property rights, and conveyed to the public the judicial concept of fully respecting and protecting the value of intellectual property rights."Chen yifang said.

In today's highly developed digital communication technology, the relationship between intellectual property and sports is closer than ever before. Let's share two typical cases related to sports disputes and intellectual property rights:

Case 6

—— A dispute between the Asian Games organizing Committee and a dispute over the exclusive right of special marks by a real estate company and a technology company

Key words: special mark exclusive right to pay damages

Case 7

Sports events should be legally authorized —— a digital company and a technology company and other unfair competition disputes preservation case 

Key words: unfair competition before litigation behavior preservation

ZLWD Commentary：

In digital communication technology development today, the relationship between intellectual property and sports is closer than ever before, protect sports intellectual property rights, strict regulation of all kinds of acts of unfair competition, reduce infringement, strengthen the consciousness of sports intellectual property protection, in a more sound legal system under the development of sports industry.

SAMR released a typical case of the action of protecting against unfair competition in 2023 

Trade secret protection is an important part of anti-unfair competition. SAMR attaches great importance to the protection of trade secrets, and has deployed and carried out special law enforcement actions against unfair competition in key areas for many years. From 2018 to 2022, more than 50,000 cases of unfair competition were investigated and dealt with, including 344 cases of infringement of trade secrets. In 2023, SAMR will launch a special law enforcement action to "protect" unfair competition, continue to strengthen the protection of enterprises' business secrets, and help them innovate and develop. In order to give full play to the warning and education role of typical cases, enhance the awareness of enterprises in self-protection and compliance operation, and form a good atmosphere of respecting and protecting trade secrets in the whole society, a number of typical cases of unfair competition of infringement of trade secrets are hereby announced.

1. Sichuan Anton Mechanical and Electrical Co., Ltd. and other subjects infringe on trade secrets series of cases 

The technical information involved in the case (production process) is one of the core technologies of the generator coil manufacturing of the right holder. As the core competitiveness of enterprises, trade secrets are also an important intellectual property rights of enterprises. Protection of trade secrets is of great significance to promoting the innovation and development of enterprises, optimizing the business environment and promoting high-quality development.

2. Guangzhou Green Sports Leisure Sports Co., Ltd Information is playing an increasingly important role in people's production and operation activities. 

The key information is the lifeblood of the survival and development of enterprises. After mastering the key information, some employees start up again and set up the same type of companies, and become the competitors of the "old owners". Such unfair competition behavior will not only cause economic losses to the right holders, but also disrupt the fair and orderly market environment.

3. Xu Mou and Shanghai Henglian Construction Engineering Co., Ltd. and other units of the infringement of trade secrets series of cases

The core content in the bidding documents involves the business secrets of the enterprise, which once leaked will bring significant economic losses to the right holder. Some unauthorized individuals and enterprises, for their own personal interests, are hesitate to obtain the business secrets of the right holders by improper means, disclose, use or allow others to use them. Such unauthorized acts not only infringe on the legitimate rights and interests of the right holders, but also seriously undermine the market order of fair competition.

4. Chongqing Qufang Technology Co., Ltd. violated trade secrets case

In the era of digital economy, computer software source code has become one of the core assets of an enterprise, representing the core competitiveness of the enterprise, and has great commercial value. Usually, the enterprise will take necessary protection measures, but the situation of "ghost leakage" happens from time to time. unauthorized enterprises use high salaries as bait to recruit software developers of the right holders and steal their source code for their own system development and commercial operation, thus bringing irreparable economic losses to the right holders and seriously hindering the innovation and development of enterprises.

5. Case of Suzhou New Material Co., 

Ltd With the development of industrial transformation and upgrading and technological innovation, trade secrets are paid more and more attention by enterprises, but the leakage of trade secrets caused by employee job-hopping is always the main risk point. As an enterprise, on the one hand, we should establish and improve the trade secret protection system and take reasonable confidentiality measures; on the other hand, we should strengthen the management of employee entry and the awareness of confidentiality. Once the disclosure of trade secrets is found, the rights protection mechanism should be launched in time to minimize the loss.

ZLWD Commentary：

Trade secret protection is an important part of anti-unfair competition. The municipal Supervisory Bureau announced a number of typical cases of unfair competition of infringing trade secrets, which is the progress of the protection of trade secrets, which is helpful to promote the development of trade secrets protection and strengthen the protection of intellectual property rights.

The SAMR revised and promulgated the Provisions on Prohibiting the Abuse of Intellectual Property Rights to 

Exclude and Restrict Competition, which took effect on August 1

To encourage innovation, to maintain the market order of fair competition of intellectual property, to empower the construction of national unified market and intellectual property power, considering the newest trend, situation,and issues of antitrust enforcement in recent years, SAMR has issued the Regulation

of Prohibiting Abuse of Intellectual Property Rights to Exclude and Restrict Competition, which shall be effective on August 1. 

In the next step,  will take the opportunity brought by the introduction of the 

Regulation of   Prohibiting Abuse of Intellectual Property Rights to Exclude and Restrict Competition to coordinate the work of intellectual property protection and antitrust, promote the independent and orderly  flow, and the efficient allocation of innovation elements, effectively maintaining the market order for fair competition.

ZLWD Commentary:

The regulation provides more operational rules and guidelines for intellectual property protection and non-monopolistic markets, provides efficient and convenient norms for intellectual property protection, and provides a reference for maintaining a fair  ecology in market competition.

Announcement of SAMR on the Antitrust Guidelines on the Field of Standard Necessary Patents 

To prevent the act of  abusing the standard exclusion of patent pool and restrictive competition, to protect fairness of market, to promote the coordinating development of both intellectual property rights and its standardization, to encourage innovation, to ensure the rights and interests of the general public, SAMR drafted Antitrust Guidelines on the Standard Necessary patents (Draft) , now to solicit opinions from the public. Organizations and individuals are welcome to put forward suggestions for revision and feedback to SAMR before July 29,2023. 

ZLWD Commentary:

Antitrust Guidelines on the Standard Necessary patents (Draft) for public comment is to prevent any operators from abusing standard necessary of  patent exclusion, restricting the behavior of the legal guidelines,  provides standard legality in the field of patent protection, encouraging innovation and insuring the rights and interests of general public .

EUIPO issued a Report on  trade secret litigation trend 

On 28 June 2023, the EUIPO released a new report on trends in unauthorized acquisition, use or disclosure of trade secrets through the European Intellectual Property Inort Observatory (The European Observatory on Infringements of Intellectual Property Rights), a supplement to the Baseline of Trade Secret Litigation in the EU Member States released in 2018. The report provides a solid benchmark for policy makers, legal practitioners and scholars, and also a useful tool for businesses to further understand the value of trade secrets and provide a feasible way to protect them.

The new report provides a comprehensive and thorough analysis of the trends of trade secret litigation in the EU, which consists of three parts: quantitative analysis, qualitative analysis and case compilation.

（１）Quantitative analysis: Based on statistical trends observed in about 700 judgments issued during the period from 1 January 2017 to 31 October 2022, the report found significant differences between the EU member states in numerous cases, legal forums and themes, as well as relevant economic sectors. Trade secret lawsuits in Europe are often  localized at the national level, and cross-border disputes are relatively rare. Trade secret disputes tend to focus on disputes between employers and (former) employees, and there are relatively few disputes with third-party enterprises. Unfair competition laws also continue to be commonly used as a supplementary area of law to enforce lawsuits involving trade secret rights.

The report's analysis shows that trade secrets law focuses on business information, rather than the technical information for litigation  Manufacture is the sector mostly involved in litigation proceedings, and the business information from other specific business sectors can be very diverse.

（２）Qualitative analysis: theoretically discusses and explains the definition of trade secrets, unauthorized acts, and measures stipulated in the Business secrets Directive and proportional principles. In addition, the report noted significant progress in interpreting the requirements of "reasonable proceedings" to meet the definition of trade secrets,  facing to issues of procedural measures to protect trade secrets in litigation proceedings.

（３）Case compilation: an overview of selected cases of trade secrets issued by the courts from member nations. The case compilation is a valuable resource to identify litigation trends not only in its member states but also at the EU level.

ZLWD Commentary:

By analyzing the number and nature of trade secret litigation cases in recent years, the EUIPO has selected some typical trade secret litigation cases, and determined the trend of trade secret litigation at the EU level, which provides a reference for practitioners in related fields.

In 2023, the "blue Sky" action of the intellectual property agency industry was fully launched

In recent times, in adherence to the directives laid out by the National Intellectual Property Administration in their "Notice on Advancing the Special Rectification Campaign - Blue Sky Action" within the intellectual property agency industry, the intellectual property management authorities of all 31 provinces, autonomous regions, municipalities, and XJ Production and Construction Corps nationwide responded promptly. In conjunction with their respective local circumstances, they swiftly formulated and promulgated regional "Blue Sky" action plans and initiated their timely implementation.

In the next step, NIPA will continue to strengthen overall planning, strengthen supervision, and pay close attention to the implementation of responsibilities, promote the "blue sky" action to achieve greater results, and provide strong support for the high-quality development of intellectual property service industry and the building of a strong intellectual property country.

In the subsequent stage, the NIPA will persist in enhancing comprehensive coordination and strategic planning, while intensifying supervision efforts to rigorously enforce accountability. These measures are intended to propel the "Blue Sky" action towards attaining even more significant outcomes. NIPA's steadfast commitment aims to offer substantial backing for the comprehensive advancement of the high-quality development of the intellectual property service industry and the establishment of a robust intellectual property nation.

ZLWD Commentary:

In 2023, the "Blue Sky" action was implemented nationwide, with each region focusing on key tasks and adopting tailored and innovative measures to effectively enforce the new regulations for trademark agency, continuously strengthen the rectification of patent and trademark agencies, vigorously combat various prominent unauthorized agency practices, and expedite the establishment of a comprehensive regulatory system. These targeted initiatives provided strong support for the protection of intellectual property rights.

NIPA held bilateral talks with intellectual property agencies of various countries and regions

From July 6th to 7th, during the series of meetings of the 64th General Assembly of the World Intellectual Property Organization (WIPO), the NIPA held bilateral talks with intellectual property agencies from several countries and regions in Geneva, Switzerland. They engaged in in-depth exchanges of views on mutual concerns and signed multiple cooperation documents.

The plan implemented this year resulted in a significant optimization and restructuring of the intellectual property management system. This pivotal step is set to comprehensively elevate's capacities in intellectual property creation, utilization, protection, management, and services. Moreover, it aims to foster enhanced cooperation with all relevant parties in the field of intellectual property, bolstering economic, technological, and cultural exchanges, and facilitating mutual development.

ZLWD Commentary:

The country is actively protecting intellectual property and has implemented a series of measures that provide favorable support for the rule of law in intellectual property protection.'s determination and efforts to protect intellectual property have also led many other countries to express their willingness to strengthen cooperation with in the realm of intellectual property protection, fostering the development of intellectual property protection for both sides.

The CAC and seven other government departments jointly announced the Interim Measures for the Administration of Generated Artificial 

Intelligence Services, which will come into effect on August 15

In recent days, the CAC, in conjunction with the National Development and Reform Commission, the Ministry of Education, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the National Radio and Television Administration, has officially published the "Interim Measures for the Management of Generative Artificial Intelligence Services" (hereinafter referred to as the "Measures"). These measures are set to be enforced starting from August 15, 2023. A spokesperson from the Cyberspace Administration has stated that the formulation of these "Measures" aims to foster the robust and regulated development of generative artificial intelligence, while concurrently safeguarding national security and public welfare and protecting the lawful rights and interests of citizens, legal entities, and other organizations.

In the past few years, the rapid advancement of generative artificial intelligence technology has brought forth new opportunities for economic and societal progress. However, it has also given rise to concerns regarding issues such as the dissemination of false information, infringement of personal data rights, data security, and biases and discrimination. The harmonization of generative artificial intelligence development and safety has captured the attention of all stakeholders.

In response to this, the promulgation of the "Interim Measures" serves as both a crucial requirement to promote the healthy development of generative artificial intelligence and a practical necessity to mitigate risks associated with generative artificial intelligence services.

The "Measures" put forward the principle of emphasizing both development and security, and combining promotion of innovation with governance according to the law. Effective measures are taken to encourage the innovative development of generative artificial intelligence. The provision and utilization of generative artificial intelligence services are subject to inclusive, prudent, and graded supervision. The overall requirements for providing and using generative artificial intelligence services are clearly defined.

The "Measures" outline specific measures to promote the development of generative artificial intelligence technology and clarify requirements for activities like training data processing and data annotation. They establish regulations for standardized generative artificial intelligence services, requiring service providers to take effective measures to prevent minors from excessive dependence or addiction to generative artificial intelligence services. They also mandate the identification of generated content such as images and videos in accordance with the "Regulations on the In-Depth Management of Internet Information Services." Additionally, service providers are required to promptly handle unauthorized content when discovered. Furthermore, the "Measures" set forth systems for security assessments, algorithm filing, complaint reporting, and define legal responsibilities.

The official from the CAC emphasized that the advancement and regulation of generative artificial intelligence services necessitate the active engagement of various stakeholders, encompassing the government, enterprises, society, and internet users. By fostering a collaborative approach, their aim is to facilitate the wholesome development of generative artificial intelligence and enhance its capacity to positively impact and benefit the populace.

ZLWD Commentary:

The rapid development of artificial intelligence technology for life, society, economic development, but also produced many problems, the interim measures for generative artificial intelligence service management release and implementation reflects the specification of the development of generative artificial intelligence services in, perfect the generative related system in the field of artificial intelligence, let its healthy development.

China National Intellectual Property Administration Launches the Pilot Work for Standardized City Construction of Intellectual Property Public Services

In order to implement the State Council's guidance on accelerating the standardization, normalization and facilitation of government services, the office of CNIPA issued a notice on the carrying Pilot Work. The Office decided to launch a one-year pilot project in nine cities on the construction of cities for standardization of intellectual property public services, including Beijing, Shanghai, Guangzhou, Shenzhen, Changchun, Hangzhou, Changsha, Kunming and Suzhou.

CNIPA will guide the pilot cities to carry out practical exploration around the standardization and facilitation of intellectual property public services. In addition, to comprehensively enhance the effectiveness of intellectual property public services, promote the realization of unified public service standards, online and offline service synergy and share of data. To balance development of regional public services, which will better meet the needs of innovation and development and the needs of the public, and form a replicable and scalable experience and practice for a wider scope of public services. It will form replicable and extendable experiences and practices, and provide practical experience for promoting the realization of universal accessibility of intellectual property public services on a wider scale, and continuously optimize the innovation environment and the business environment.

ZLWD Commentary:

It will form a replicable and extendable experience which will practice for the standardization, normalization and facilitation of intellectual property government services, and comprehensively enhance the effectiveness of intellectual property public services.

The Office of China National Intellectual Property Administration Issues Work Guidelines for Comprehensive Intellectual Property Public Service Organizations at Prefecture and Municipality Levels

The Office of CNIPA issues work guidelines for comprehensive Intellectual Property Public Service Organizations at prefecture and municipality levels. The guideline is divided into five parts, including general provisions, service contents, construction mode, operation and management, which is aiming at guiding and supporting the construction of comprehensive intellectual property public service organizations at the prefecture and municipal levels, and expanding the coverage of intellectual property public services.

Local and municipal comprehensive intellectual property public service organizations will focus on the creation, application, protection, management and service of intellectual property rights, which will provide comprehensive public services such as intellectual property information query and retrieval, business consulting, publicity and training, etc.. According to the needs of the local industrial development and the demand for innovation, and for the main bodies of innovation and the general public. 

ZLWD Commentary:

Comprehensive intellectual property public service institutions at the prefecture and municipal levels are an important part of the intellectual property public service system as well as  are of great significance in promoting the generalization, facilitation and accessibility of intellectual property public services.