36 ASIAN LEGAL BUSINESS – APRIL 2024 WWW.LEGALBUSINESSONLINE.COM Since the introduction of Gen AI tools like ChatGPT in late 2022, the way humans interact with the new technology has progressed from simple questions and answers to using these tools for formal writing, creating images, and even generating videos. The commercial potential of Gen AI is also becoming increasingly evident. As people marvel at the capabilities of Gen AI, they are also starting to ask more questions about these intelligent tools. In 2023, dubbed the “First Year of Gen AI,” many have begun to scrutinize it from an intellectual property perspective. Regarding why the “attack” on Gen AI initially focused on intellectual property, He Wei, a partner at Wanhuida Intellectual Property, explains that it’s largely due to the technical characteristics of the large language model (LLM) that underpins it. “An LLM undergoes two stages: pre-training and application. During pre-training, the LLM processes a vast array of text, graphic, and video materials, which are typically subject to copyright control.” “At the application stage, Gen AI has demonstrated epoch-making capabilities of generation. Whether text, image or video, any content output has authorlike attributes and is therefore naturally linked to copyright.” Therefore, based on his observations, the current global debate on Gen AI-related IP issues mainly focuses on the rights involved in the materials used in training end and the copyright ownership of the works generated by Gen AI. RAPID RESPONSE Problems attract regulations. In the past few years, China has shown global leadership in formulating regulations for new technologies. There is no exception when it comes to Gen AI. According to He Wei, the Administrative Provisions on Algorithmic Recommendation in Internet Information Services and the Administrative Provisions on Deep Synthesis of Internet Information Services issued in 2022 are both administrative-level regulations imposed on the technology applied by AI. Then, after the emergence of ChatGPT, “China also actively followed up with rulemaking. For example, last July, the Ministry of Science and Technology announced the inclusion of the drafting of an artificial intelligence act in the national legislative work plan. On July 10, the Interim Administrative Measures for Generative Artificial Intelligence Services, also known as Interim Measures, were officially promulgated at what can be described as ‘lightning speed.’” Long Chuanhong, president of CCPIT Patent & Trademark Law Office, explains how the recent rules address IP issues. Specifically, Articles 4 and 7 of the Interim Measures state that “the provision and use of Gen AI services should respect intellectual property” and that CHINA REIN IN THE ROBOTS When it comes to generative artificial intelligence (Gen AI), China is leading the world in both regulation formulation and judicial practice. In response to the many Gen AI-related intellectual property issues that are being hotly debated around the world, experts share with ALB the latest moves by Chinese regulators and courts. BY HU YANGXIAOXIAO
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