Intellectual property experts talk about generative AI: Don’t be overly fond of it, nor be simply and crudely deny it

The 2023 Greater Bay Area Science Forum will be held in Nansha, Guangzhou from May 20th to 23rd. With the theme of "Intelligence in the Bay Area, Bay in the World", this forum will drive high-quality development and promote the Bay Area through scientific and technological innovation cooperation. Construction of a world-class talent center.

On May 20, the intellectual property sub-forum was held at the Nanshawan Binhai Conference Center in Guangzhou. Nandu reporters learned at the meeting that Cong Lixian, dean of the School of Intellectual Property of East China University of Political Science and Law, gave a sharing titled "Intellectual Property Risks and Governance of Generative AI" and analyzed generative technology in detail from three aspects: copyright, patent and trademark. Risk discussion premise, risk specificity, risk content and risk governance of AI intellectual property risks. According to what he told Nandu reporters, the Greater Bay Area is leading the country in intellectual property protection, and many of its successful experiences can be learned and promoted across the country. “The Greater Bay Area has achieved practical results in closely integrating intellectual property and innovative development.”

Cong Lixian.

"Generative AI is still a tool controllable by humans, and the generated content should be protected by copyright law"

On April 11, the Cyberspace Administration of China released the "Measures for the Management of Generative Artificial Intelligence Services (Draft for Comments)", aiming to promote the healthy development and standardized application of generative artificial intelligence technology. Narada once published a report "Generative AI AB Side: Trillion Potential Market and Regulatory Challenges for Multi-Enterprise Layout" to discuss the advantages and hidden dangers of generative AI technology. Industry experts pointed out that while commercialization layout and industry productivity are improving, the compliance, copyright, data privacy and other risk issues accompanying the development of new technologies also urgently need to be regulated by government supervision and industry constraints.

Since the advent of artificial intelligence, Cong Li has been paying attention to research related to the intellectual property issues it brings. He believes that when treating artificial intelligence, one should neither be overly pampered, emphasize its particularity, nor simply and crudely deny it. “Treat it like a baby.” In his view, artificial intelligence has great potential to become a “giant.” It is huge, but it is still a "baby" at this stage and needs human "nurturing", that is, supervision and guardianship.

Therefore, from the current stage, the view held by mainstream intellectual property scholars is that the artificial intelligence that has been applied so far is not the super artificial intelligence of the team and the future artificial intelligence. It is still a tool controllable by humans. "It is a smart tool." Tool of".

Based on this, Cong Li first analyzed the risk discussion premise, risk specificity, risk content and risk governance of generative AI intellectual property risks from three aspects: copyright, patent and trademark. He said that although copyright issues are relatively complex, generative AI is a smart cross-generation tool created by humans, and the content it generates should be protected by copyright law. There are actual court cases supporting it, which holds that if the content generated by artificial intelligence meets the constituent elements of the work, it can be protected by copyright.

In Cong Li’s view, it can only become more intelligent and powerful by citing a large number of other people’s works and even expanding external information and data. Consider how to facilitate the use of the work while appropriately protecting the copyright of the resulting work. ”

The Greater Bay Area has achieved practical results in innovative development and is a pioneer in intellectual property protection

In 2022, Guangdong's R&D expenditure will increase to 420 billion yuan, making it the only province in the country to exceed 400 billion yuan. The proportion of regional GDP will increase from 2.61% to 3.26%. The comprehensive regional innovation capability will be national for 6 consecutive years. First.

Data from the Guangdong Provincial Intellectual Property Office shows that by the end of 2022, the number of valid invention patents in Guangdong has reached 539,200, ranking first in the country for 13 consecutive years. Among them, high-value invention patents reached 260,700, ranking first in the country for three consecutive years. .

Cong Lixian told Nandu reporters that this shows that the Greater Bay Area has achieved practical results in innovative development, and has produced practical results by closely integrating intellectual property and innovative development. "The gratifying results deserve full recognition, but we must also avoid being 'big but not strong' in terms of numbers. According to Cong Lixian, intellectual property rights are crucial to transforming huge digital scale into high quality. "On the basis of 'big numbers', there are How much high-quality intellectual property. ”

He believes that the innovative development of society is inseparable from intellectual property rights, and the high development of intellectual property rights promotes the high development of industrial innovation. The employment fields favored by young people are usually innovative enterprises such as the Internet and cultural and creative industries. In addition, intellectual property rights also play the most competitive role in areas such as international trade. ”

Cong Lixian told reporters from Nandu that in terms of intellectual property protection, the Greater Bay Area is a pioneer in the country. As the frontier of reform and opening up, with its independent advantages and geographical advantages, it has many experiences and practices that are worth promoting nationwide. Guangdong Province has built multiple comprehensive intellectual property public information service platforms, creating many opportunities for intellectual property exchanges.

He said that looking to the future, the Greater Bay Area will play a role model in national practice in the five aspects of creation, protection, application, management and service of patented technologies. Based on the help of Hong Kong and Macao Special Administrative Regions, as well as Guangdong's huge industrial base, coupled with good institutional guarantees and attention, enterprises and industries actively participate in seizing opportunities, Guangdong, Hong Kong and Macao have accumulated experience through continuous exploration and practice. With a good foundation, we must give full play to our geographical advantages and early basic advantages in the future, and at the same time achieve true integration among innovation entities.

Written by: Nandu reporter He Jiahui

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