A design patent (Industrial Design) refers to any new design of the shape, pattern or a combination thereof of the whole or part of a product, as well as the combination of color with shape and/or pattern, which is aesthetic and suitable for industrial application. According to Article 2 of the *Patent Law of China*, the carrier of a design itself is a product. To meet the needs of industrial production and market circulation, it is a prerequisite that the product has certain functions. A product with a design usually has both decorative and functional features, the proportions of which vary across different products and different periods, and the two features present a coordinated and unified relationship. The existence of functional features has certain inevitability and legitimacy. Whether functional features of a design should be excluded has also sparked diverse discussions and opinions in academic circles. However, from the perspective of judicial practice, the determination of functional design features will, to a certain extent, affect the right confirmation and infringement determination of design patents. This paper, in combination with Guiding Case No. 85 *Handheld Shower Head Case*, analyzes the determination of functional design features in disputes over design patent infringement.
2023 marked a year of explosive growth for online micro-dramas in China. Featuring "short duration, fast pace and gripping plots", online micro-dramas have quickly caught audiences' attention, and the topical popularity of hit micro-dramas once surpassed that of a large number of horizontal-screen long-form dramas. According to data released by the National Radio and Television Administration (NRTA), the number of online micro-dramas completing record-filing for official launch in 2022 reached 336, marking a 214% year-on-year increase, and this figure further rose to 584 in 2023. The explosive growth of online micro-dramas has rapidly attracted increasing input of human resources, technologies and investment, and a unique industrial chain has taken shape. However, in the initial development stage of online micro-dramas, the sector was once in a phase of "disorderly and unregulated growth" due to the lack of regulatory policies. To obtain traffic, some production and releasing entities of micro-dramas tended to incorporate gory, violent, pornographic and other inappropriate elements into their works. Various problems have gradually emerged along with the explosive growth of online micro-dramas. To ensure the long-term and stable development of online micro-dramas, China has successively rolled out a series of regulatory policies, and established the Special Committee on Micro-Dramas of the China Television Artists Association (hereinafter referred to as the "Micro-Drama Special Committee") on May 18, 2024, which further demonstrates the importance China attaches to the micro-drama industry. With the establishment of the Micro-Drama Special Committee and the formulation and improvement of various regulatory policies, the online micro-drama sector will definitely break away from the state of "disorderly and unregulated growth" in a short period of time, with its content developing towards high quality and its promotion and distribution methods becoming increasingly standardized. On this basis, the commercial operation model of online micro-dramas will surely mature.
A virtual idol refers to a simulated idol constructed in forms of painting, animation, Computer Graphics (CG), etc., which carries out idol activities in virtual environments such as the Internet. In recent years, legal disputes and public opinion controversies arising from virtual idols have frequently come into public view. In 2024 in particular, the Suzhou Internet Court and the Hangzhou Intermediate People's Court rendered judgments respectively on the "first dispute case over image damage of virtual anchors" and the "first virtual digital human infringement case", which has further triggered in-depth discussions in the industry on legal issues related to virtual idols involving personality rights, intellectual property rights, labor law and other relevant fields. Starting from the categories and development of virtual idols, this article conducts a preliminary exploration of legal issues related to virtual idols such as the utilization of personality elements and intellectual property protection.
01 Case Information
Non-competition Restriction refers to the restriction that prohibits an employee, within the agreed period after the termination of his or her employment, from taking a position at any other employer that has a competitive relationship with his or her original employer, or engaging in the same type of business on his or her own.
