Translator:Zhang Xiaotong
On October 20, 2023, Shanghai Landing Law Offices, in collaboration with LexiNexis, successfully held a seminar titled "Intellectual Property Meets AI: New Approaches to Solving New Problems."
With the advent of ChatGPT, examples of AI technology applications are constantly emerging, such as intelligent assistants and virtual tour guides. The application of AI technology has brought convenience to people, but, in this process, issues related to intellectual property protection have become increasingly prominent. For example, the development and application of AI tools involve a large amount of data and algorithms, not only raising concerns about data security but also increasing the risk of leaking trade secrets. How to legally leverage AI technology to drive business growth is a focal point of concern for many practitioners.
In response to this, Landing Law Offices and LexiNexis jointly initiated the seminar "Intellectual Property Meets AI: New Approaches to Solving New Problems" to explore intellectual property issues and response strategies arising from AI technology. Partners and patent agents from Landing, including Lawyer Zhang Li, Patent Agent Li Rong, and Lawyer Xiang Qi, delivered thematic presentations at the event, moderated by Senior Consultant Ye Juan from Landing.
The Head of the Intellectual Property Department at Landing, Lawyer Xu Xinjian, and a representative from LexiNexis delivered opening remarks. Lawyer Xu Xinjian stated that Landing's Intellectual Property and Unfair Competition Legal Services Department is composed of experts, including lawyers with diverse academic backgrounds, trademark agents, patent agents, and other seasoned professionals. The team can provide comprehensive legal services in various fields, including copyright, trademarks, patents, trade secrets, domain names, and unfair competition, with particular expertise in industries such as the internet, telecommunications, media, high technology, culture and entertainment, and blockchain, receiving awards and commendations multiple times.
Lawyer Zhang Li, a partner and patent agent at Landing, discussed the intellectual property protection issues related to virtual individuals, using the highly anticipated "AI Sun Yanzi" as a topic. Starting with relevant precedents such as the "Four Famous Detectives" case and the "Wang Zulan cosplaying as the Calabash Brothers" case, Lawyer Zhang Li, in conjunction with current legal provisions, introduced the intellectual property issues that virtual individuals might trigger.
Lawyer Li Rong, Deputy Director of the National Intellectual Property Professional Committee at Landing, explored the challenges of AI tools to the protection of trade secrets and personal privacy, the identification of trade secrets, and the protection of trade secrets in the AI technology environment. She engaged with the audience in discussing the protection issues of trade secrets in AI tool applications and proposed suggested measures.
Partner Xiang Qi, a lawyer at Landing, interpreted typical cases involving AI-generated content (AIGC). Xiang Qi reviewed the legislative status of AI technology in China and abroad, introducing disputes and cases triggered by AIGC. Analyzing typical cases of AIGC, Xiang Qi pointed out that the current stage's infringement determination for AIGC works mainly follows case-by-case identification. The key is to judge the level of involvement of "human" in the creative process. If the content is purely generated by AI intelligence, it will not be protected by copyright law.
As the thematic sharing session concluded, Senior Consultant Ye Juan from Landing guided the on-site guests in discussing the application and challenges of AI technology. Representatives from attending enterprise guests actively discussed issues such as the protection of trade secrets in the process of AI application and the protection of rights in AI-generated content.
As the event came to a close, the on-site guests highly praised Landing for continuously tracking technological frontiers and regulatory dynamics. They expressed anticipation for Landing to conduct more activities, exploring innovative and efficient solutions and countermeasures with enterprises. In the future, Landing will respond to the concerns of enterprises and conduct more relevant activities in this regard. Everyone is welcome to follow and participate.
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