"Recently, the High People's Court of Guangdong Province issued the Opinions on Promoting Artificial Intelligence Technology Innovation and Industrial Development with High-quality Intellectual Property Adjudication Work, which is the first judicial policy document focusing on the protection of intellectual property in the field of artificial intelligence in the national court system."

The Opinions integrate intellectual property adjudication with the laws of scientific and technological innovation and the needs of industrial development, and build a three-chain protection mechanism of "innovation chain, industrial chain, and rule of law chain", so as to provide a stable, transparent and predictable legal environment for AI technology enterprises, and help Guangdong build a global innovation highland for the AI and robotics industry.

The Guangdong Higher People's Court held a research symposium on "Promoting the High-quality Development of the Artificial Intelligence Industry".

The Opinions have a total of 24 articles, focusing on the promotion of AI scientific and technological innovation and industrial development through high-quality intellectual property adjudication work, focusing on protecting the achievements of AI science and technology innovation, promoting fair competition in the AI industry, and improving the AI judicial governance system. Sustainable rule of law safeguards.

Based on the new positioning of "one point and two places" in the Guangdong-Hong Kong-Macao Greater Bay Area, the "Opinions" anchor and serve the goal of building an international science and technology innovation center in the Guangdong-Hong Kong-Macao Greater Bay Area, strengthen the integration and application of judicial guidance artificial intelligence technology in multiple scenarios, fully release the "artificial intelligence +" effect, promote artificial intelligence to empower thousands of industries, and serve the intelligent transformation and upgrading of Guangdong's manufacturing industry.

The Opinions strengthen the role of intellectual property adjudication functions, and systematically put forward five basic principles for intellectual property adjudication work related to artificial intelligence, namely, "people-oriented, fair and inclusive", "strict protection, tolerant innovation", "system concept and scenario awareness", "openness and sharing, mutual benefit and reciprocity", and "standardized, orderly and safe development", to ensure that judicial adjudication conforms to the characteristics of scientific and technological innovation and the law of industrial development, and to promote the upward and positive development of artificial intelligence scientific and technological innovation and industrial development.

The "Opinions" adhere to the problem-oriented, timely response to the judicial needs of scientific and technological innovation and industrial development, and strengthen the normative guidance and value-oriented functions of judicial adjudication in response to key prominent judicial issues such as the definition of ownership of artificial intelligence technological achievements, the performance of technology contracts, open source model disputes, the balance of data rights and interests, the confirmation of generated content, the determination of infringement, the protection of patents and trade secrets, anti-unfair competition and anti-monopoly. On the basis of maximizing the consensus on the rule of law, we should achieve refined and dynamic protection.

"The "Opinions" deeply connect with the national strategy and the requirements of regional industrial development, emphasizing the construction of a scenario-based adaptive judicial protection mechanism, which not only responds to the common problems of artificial intelligence governance, but also highlights the regional characteristics of serving the development of the Bay Area, focusing on strengthening procedural rules, optimizing working mechanisms, and unifying adjudication standards, which is conducive to creating a 'Guangdong model' for the judicial practice of artificial intelligence intellectual property. Zhou Hui, executive deputy secretary general of the Network and Information Law Research Association of the China Law Society, said.

Source:
IPR Daily The first judicial protection opinion on intellectual property related to artificial intelligence issued by a national court! _Events_News_IPRdaily - Global IP Integrated Information Service Provider (Chinese)