As the core technology of the new round of scientific and technological revolution, artificial intelligence has become a key factor in promoting technological innovation and economic development. Driven by both policies and the market, China's artificial intelligence industry has entered a stage of rapid development, with rapid release of technological dividends, continuous emergence of innovative achievements, and increasingly expanding application fields. Among them, clarifying the relationship between artificial intelligence and intellectual property protection is an important issue to ensure that artificial intelligence is in line with national interests and public interests, and to promote sustainable technological and economic development.
On a global scale, the United States, Europe and other places have set foot in the field of artificial intelligence early and accumulated rich practical experience. Therefore, while drawing on international experience, how to develop and utilize artificial intelligence in my country, reasonably grasp the balance between artificial intelligence development and intellectual property protection, and strictly abide by relevant laws and regulations and regulatory requirements have become important issues in the field of artificial intelligence in my country.
In order to further explore this key topic, the "Zhiyuan Forum: Artificial Intelligence and International Intellectual Property " lecture will be held on the afternoon of August 16, 2023 (Wednesday) . The event will invite senior partners Dr. Jeffrey Shneidman and Adam Kessel from the top US intellectual property law firm Fish & Richardson, and partners He Jing, Zhao Kefeng and Dong Xue from our own law firm to deliver speeches and participate in discussions. They will jointly focus on the intersection of artificial intelligence and intellectual property rights, and share the first-hand experience and insights of China and the United States in developing artificial intelligence legal business .
We sincerely invite professionals in the legal field of intellectual property, business decision makers, scholars and other interested participants to join this conference to jointly explore the challenges and opportunities of artificial intelligence and intellectual property law in the global and domestic environments.
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In order to ensure the effect of communication, this forum is only open to people in related fields. Please fill in the form truthfully, and the relevance to this event will be used as the basis for review. Relevant persons in charge of intellectual property judicial protection institutions, intellectual property experts and scholars, heads of enterprise intellectual property litigation business, intellectual property lawyers, as well as relevant enterprises, experts, scholars and industry colleagues are welcome to apply.
Note: After passing the review, we will send a confirmation email by email before August 15th, please pay attention to check.
Event Schedule
time |
arrange |
13:30-14:00 |
Activity check-in |
14:00-14:10 |
activity description Moderator: Lawyer He Jing |
14:10-14:40 |
Theme report one Dr. Jeffrey Shneidman |
14:40-15:10 |
Keynote Report II Dr. Adam Kessel |
15:10-15:40 |
Theme report three Lawyer Zhao Kefeng |
15:40-16:10 |
Keynote Report Four Lawyer Dong Xue |
16:10-17:00 |
Roundtable Discussion: Discussion and interaction on artificial intelligence-related patents, copyrights, unfair competition and other issues from the perspective of intellectual property laws in China and the United States |
Time: August 16, 2023 (Wednesday) 14:00-17:00
Venue: Comprehensive Lecture Hall on the first floor of Zhiyuan Building (No. 150, Chengfu Road, Haidian District)
Report topic introduction
Topic 1: "The Collision of Artificial Intelligence and Intellectual Property: Protection Options, Risks and Practical Concerns of the United States"
With the fiery development of artificial intelligence, the application cases of AI are gradually becoming popular, and Chinese companies have taken the lead in AI patent holding and research. The United States is often the preferred location for companies to enforce their intellectual property rights for a number of reasons. And legal action related to AI has already begun in the United States. This presentation will focus on the legal challenges of using generative AI tools under US law and how to protect AI things. Presentations will synthesize contract law, copyright law, patent law, and trademark law to protect artificially intelligent things, as well as explore thorny issues arising in related areas of U.S. common law (eg, rights of reputation, confidentiality, data privacy).
Topics that will be covered in this presentation include:
The use of copyright works in training generative AI models and the resulting risks and consequences;
Protecting access to "artificial intelligence generators" produced by generative AI models (e.g. Midjourney, ChatGPT);
Use patent law to protect novelty assets;
Tenure issues such as ownership, invention rights and authorship rights, as well as “poison pill” licensing restrictions that may be a hidden risk when AI tools are integrated into the product process;
Risks and countermeasures caused by employees using AI tools.
Topic 2: "Interaction between Open Source Software Licensing and Artificial Intelligence"
In the context of evolving artificial intelligence, the interplay between open source software (OSS) licensing and AI systems has attracted considerable attention from the legal and technical communities.
This presentation will explore the following key questions:
Could training a generative AI model with code subject to an open-source license lead to a claim for breach of license terms?
Could the output of a generative AI model trained using open-source code lead to a breach of contract claim?
The copyrightability of the output of generative AI remains an open question; can this code be protected under contract law through an open source license?
Will the implementation of open source AI erode the competitive advantage of first movers?
Could open source AI have harmful effects and be effectively unregulated because the code is open to anyone?
Topic 3: "Competing Interest Conflicts and Resolutions in Large-Scale Language Model Corpus Acquisition"
Currently, in the acquisition of large language model corpus, there are different stakeholders, including corpus holders, copyright owners and large-scale language model developers, etc. The division of interests between them is an important issue, which cannot be handled well , will lead to frequent litigation, which will affect the interests of consumers and the public interest. This speech will analyze the problems one by one from the perspective of competition law and civil code, and finally put forward perfect suggestions.
Possible stakeholders and their respective positions in the corpus acquisition of current large-scale language models;
From the perspective of copyright law, analyze the acquisition of corpus, whether it constitutes fair use, and the limitations of copyright law on the acquisition of corpus;
Analysis of corpus acquisition behavior from the perspective of anti-unfair competition law, the application of the "substantial substitution" rule, and the analysis of ternary benefit measurement;
Analyze the corpus acquisition behavior from the perspective of the principle of fairness and integrity, mutual benefit and symbiosis, avoid serious imbalance of interests, and uphold goodwill to promote technological progress;
Looking to the future: further improvement of legislation and judicial practice.
Topic 4: "New Challenges of Copyright Protection in the Era of Big AI"
The wide application of large language models, on the one hand, provides new tools for content creation; on the other hand, it also brings new challenges to content protection under the traditional copyright framework. This speech discusses the new challenges of copyright protection in the AI era from the perspectives of content creators, AI product operators, and AI content users, and explores possible solutions.
New copyright challenges faced by content creators in the AI era;
New copyright challenges faced by AI product operators in the AI era;
New copyright challenges faced by content users in the AI era;
Discussion on the copyright protection of AI works.
Moderator introduction
Lawyer He Jing
Lawyer He Jing has rich experience in Chinese and foreign legal practice. Over the past 20 years, she has provided consulting services in the fields of complex intellectual property litigation, compliance, technology licensing, and legislative policies for leading high-tech companies, famous brands, and large industry associations at home and abroad. The improvement of China's innovative legal environment has made its own contribution to the promotion of the internationalization of Chinese enterprises.
Lawyer He Jing has handled many major technical dispute cases with international influence. He is good at solving complex international legal affairs for clients by comprehensively using legal and strategic consulting methods. Also handled numerous legal matters relating to unfair competition on the Internet, sports and entertainment law.
In recent years, lawyer He Jing has also provided policy project research for central government agencies, and worked closely with experts, scholars, and industry associations in the fields of international trade and intellectual property rights to jointly promote Sino-foreign legal cooperation and research related to international trade. The Sino-US Intellectual Property Forum he designed and led gathered the most experienced law professors, former government officials and lawyers from China and the United States, and achieved fruitful results.
Speaker introduction
Dr. Jeffrey Shneidman
Dr. Jeffrey Shneidman is a partner in the Boston office of Fish & Richardson. He holds a J.D. and a Ph.D. in computer science from Harvard University, and is admitted to the Massachusetts bar. Prior to joining the firm, he worked under the tutelage of Judge Denise J. Casper of the U.S. District Court for the District of Massachusetts and Judge Ralph D. Gants of the Massachusetts Supreme Court. He has successfully handled utility model and design patent cases involving a variety of patented technologies. Since the launch of PTAB's patent inter partes review and post-grant practice in 2012, he has also provided clients with consultation on patent grant matters, and successfully provided services for electronic engineering, computer science, Defended or invalidated patents in mechanical engineering and related technologies. In his defense, a major camera company was banned from importing into the United States following a trial by the International Trade Commission. His high-tech clients in China and the United States have successfully avoided hundreds of millions of dollars in damages due to their effective defense.
Dr. Adam Kessel
Adam Kessel is a partner in the Boston office of Fish & Richardson. He holds a J.D. from Northeastern University, a BA and a BA in Chemistry from Princeton University, and is admitted to the Massachusetts bar. He focuses on intellectual property litigation, particularly those involving patents, copyrights, trade secrets, and state law claims involving software, computer networks, electronics, and medical devices. His litigation practice also covers areas such as those related to the Digital Millennium Copyright Act and the Computer Fraud and Abuse Act. He has represented plaintiffs and defendants in dozens of jury trials and has appeared in state and federal courts throughout the United States. He also advises on open source software, patents, and software licensing issues in a variety of settings, including negotiated transactions, mergers and acquisitions, investment due diligence, internal best practices and policies, and litigation. As a former software developer, he has exceptional insight into technology and its uses, which is helpful in guiding clients and structuring deals.
Lawyer Zhao Kefeng
Attorney Zhao is a partner in the Beijing office of Jiren Law Firm and has 18 years of practice experience. Lawyer Zhao Kefeng is a leading intellectual property litigation lawyer in China. His areas of expertise include major and complex trademark, copyright, unfair competition, data litigation, commercial litigation and arbitration related to intellectual property rights, compliance investigations, government affairs, etc.
Lawyer Zhao has hosted a large number of major cases selected as typical cases by courts and administrative agencies. Among them, the NBA sports event copyright case won the "Outstanding Deal" in 2020 by China Business Law Journal. In 2018, the "Mengka Basketball" commercialization rights protection case was the first civil case in China to protect commercialization rights. The case was rated as one of the top ten intellectual property cases and top ten Internet cases in 2018 by the Guangdong Provincial Higher People's Court; it was selected as the top ten non-criminal cases in 2018 by QBPC. The Ferrero three-dimensional trademark protection case was selected by the former State Administration for Industry and Commerce as one of the 12 typical industrial and commercial investigation cases in 2014. The BMW AG v. Century Baochi case was selected by the Supreme Court as one of the eight typical intellectual property cases in 2012. The "LGG" and "BB-12" trademark rights and unfair competition disputes were selected by the Supreme People's Court as the 2022 Excellent Case of the Year, and also selected as "China's Top Ten Intellectual Property Adjudication Cases with the Most Research Value in 2022". The case of capturing and using real estate transaction information platform housing source data was selected as "Top Ten Typical Cases of Anti-unfair Competition Involving Data in Beijing Intellectual Property Court" and "Typical Cases of Intellectual Property Disputes Involving Network Platforms in Haidian Court". Lawyer Zhao represented Michael Jordan v. Qiaodan Sports name right infringement case, "National Liquor Moutai" objection review case, and "Small Pot Tea" acquisition of distinctiveness case also has great influence in the industry.
Lawyer Dong Xue
Dong Xue is a partner in the intellectual property department of the Beijing office, and her professional fields include litigation and non-litigation business in the fields of copyright, trademark, trade secret, unfair competition, intellectual property antitrust, data competition, etc. The client groups served by Mr. Dong mainly come from industries such as entertainment, sports, art, Internet, software, consumer goods and high technology.
Lawyer Dong is good at handling difficult and complicated intellectual property rights and unfair competition cases, and has extensive practice in cases of trademark/copyright infringement, online black and gray products, unfair competition of core competitors, trade secrets, reputation right infringement/commercial slander, etc. Many of the cases she handled were selected as typical cases by local courts, industry organizations and professional magazines. In the field of non-litigation, Mr. Dong is good at combining in-depth litigation perspective and rich experience in foreign-related work to provide Chinese and foreign companies with high-quality transaction negotiation and contract review, compliance consulting, intellectual property system construction and other related legal services. Since practicing law, Mr. Dong has been paying close attention to the frontier hot legal issues of intellectual property rights, participating in the drafting of policy proposal documents, organizing expert seminars, and conducting in-depth research on industry legal issues for local business committees and industry associations. Attorney Dong has been invited many times to give professional sharing on intellectual property issues in universities such as Peking University and Communication University of China, and on new media platforms such as Titanium Media.
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