Opening Case: A 75,000 Claim Caused by AI-Generated Model Images

In August 2023, the clothing brand Handu Yishe was sued by photographer Wang for infringing his copyright by using AI-generated model images. The brand was ordered to pay a compensation of 11,500. This case, the first AI image infringement case in China, has unveiled the curtain of the new era's intellectual property war.

I. AI Creation: Where Are the Legal Boundaries?

Case 1: The Identity Crisis of AI Images

Key Player: Handu Yishe E-commerce Team
Tool: Midjourney-generated model images
Dispute Point: High similarity to the photographer's original composition
Judgment Highlights:
AI works can be protected, but originality must be proven.
Companies must keep complete creation logs.
Suggestion: When using AI to create images, record the prompts and the modification process.

Case 2: Can AI Be an Inventor?

Key Player: The US AI system DABUS
Inventions:
A non-spill beverage cup (Patent No. US20190354039)
A neural signal device (US20210390438)
Global Judgment:
Approved in South Africa Rejected in China and the US
Current Status: Many countries are urgently revising their patent laws...

II. Global Patents: A Smokeless War

Battery Industry Bloodbath: LG vs. SK

Compensation Amount: 1.8 billion
Key Patents:
Battery separator technology (US9865893)
Electrolyte formula (US10297839)
Chain Reaction: Contemporary Amperex Technology Co. Limited (CATL) has ramped up R&D investments and now holds:
832 recycling patents
217 solid-state battery patents

Xiaomi India's Patent Tax Incident

Opponent: Telecommunications giant Ericsson
Disputed Technology: 4G standard-essential patents
Outcome:
Prepaid patent fees for each phone
Delayed the launch of 5G models by 2 years
Latest Development: Cross-licensing agreement reached in 2022

III. Metaverse: Real Disputes in the Virtual World

Nike's NFT Anti-Counterfeiting Campaign

Infringer: StockX Platform
Infringement: Unauthorized sale of Nike Co-Branded NFT Shoes
Results:
All infringing products taken down
Compensation of 120,000 awarded
Nike's Follow-Up Move: Registered trademarks for 15 categories of virtual goods

Metaverse Forced Demolition Incident

Platform: Decentraland
Event Process:
User purchased land for 24,000
Platform forcibly reclaimed it for violations
Judgment Result: The user agreement excluded the right to claim damages, and the buyer lost the case
Hard-Learned Lesson:
Transactions of virtual assets must retain blockchain certificates
Carefully read the platform's terms and conditions

Interactive Zone

If you were a judge:
To whom should the patent for an AI-independent invention belong?
A. Developer
B. User
C. Public Domain
Feel free to leave your opinion in the comments section