Sci-Tech

Intellectual property protection in the AI era requires scientific wisdom and institutional rationality

2025-04-24   

Currently, the intersection between artificial intelligence (AI) and intellectual property is increasingly deepening, and intellectual property plays a key role in promoting responsible development of AI At the recent 2025 China Intellectual Property Protection Forum, Assistant Director General of the World Intellectual Property Organization, Kenichiro Natsumi, stated. The theme of this forum is "Opportunities and Challenges: Intellectual Property Governance under the Background of Artificial Intelligence". Experts and scholars from the field of intellectual property, as well as representatives of domestic and foreign innovative enterprises, gathered together to deeply explore this topic. Intellectual property provides institutional and technological support for the development of artificial intelligence. According to the report of the World Intellectual Property Organization, China has become the largest owner of AI patents in the world, accounting for 61%, which provides a strong guarantee for the development of China's AI industry. Kenichiro Natsumi stated that over half of the main holders of generative artificial intelligence patents come from China, which has become an important participant in intellectual property rights in the field of generative artificial intelligence. Previously, the China National Intellectual Property Administration, by revising the Patent Examination Guidelines and issuing the Guidelines for Application of AI related Invention Patents, clarified that inventions and creations involving AI can apply for patent protection, and improved the examination criteria for "creativity" of AI patents. Artificial intelligence also promotes the reform of the intellectual property system and the improvement of governance efficiency. The reporter from Science and Technology Daily learned from the forum that China has applied AI big models to the field of intellectual property protection, continuously promoting real-time monitoring, online identification, and source tracing of infringement behavior, and achieving integrated online and offline protection; Carry out patent screening for universities and research institutions, form a convertible patent resource library, help universities and research institutions accurately connect with enterprises, and effectively solve problems such as difficulties in patent conversion for universities and research institutions and difficulties in technology acquisition for small and medium-sized enterprises. It cannot be ignored that the development of artificial intelligence technology also brings many challenges to intellectual property protection. Wu Handong, former president of Zhongnan University of Economics and Law, analyzed that in literary and artistic creation, intelligent machines have evolved from auxiliary creation to collaborative creation, and can even compose music, write poetry, and paint like human artists; In the field of technological invention and creation, artificial intelligence may independently complete inventions in the future. This has sparked discussions on the subjectivity of artificial intelligence, namely whether intelligent robots can be viewed as authors, and how the rights, obligations, and responsibilities of their creations and inventions should be defined. This poses a challenge to our traditional patent system, "said Wu Handong. Wu Handong also believes that there is controversy over the copyrightability of artificial intelligence generated products. The US court emphasizes that every aspect of AI works, from conception to completion, should involve human authors. Chinese courts adopt a relatively open judicial stance, and as long as human authors make necessary interventions in the AI creation process, their works can be considered copyrighted works. Regarding this, Wu Handong suggests that the legal values of the intellectual property system should be restructured, emphasizing both safety and innovation values, and ensuring human social security by setting exclusion areas for works and patents; Clarify or adjust the legal policy stance of the intellectual property system, while not easily shaking the existing legal framework, and provide certain explanatory space for intellectual property management and judicial authorities; Improve the legal norms and principles of the intellectual property system, conditionally recognize machine authors and machine inventions, and include artificial intelligence generated products in the scope of objects, but always adhere to the principle of humanism. We have entered the era of artificial intelligence, and addressing the legal challenges it brings requires not only scientific wisdom, but also institutional rationality Wu Handong said. Shen Changyu, Director of the China National Intellectual Property Administration, said that the Bureau would continue to promote the innovation of AI related intellectual property systems, accelerate the establishment of rules for the protection of intellectual property rights in new fields, such as AI big data, and provide more powerful legal protection for the development of AI technology. The China National Intellectual Property Administration will improve the level of AI intellectual property protection, improve the work system for tackling key core technologies supported by intellectual property, strengthen the on-demand review service of intellectual property in the field of AI, especially patent applications, and promote more patents in the field of AI from the laboratory to the industrial chain. (New Society)

Edit:He Chuanning Responsible editor:Su Suiyue

Source:Sci-Tech Daily

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