"Recently, the Guangdong Provincial Higher People's Court issued the "Opinions on Promoting AI Technological Innovation and Industrial Development with High-quality Intellectual Property Trial Work", which is the first judicial policy document in the national court system focusing on the protection of intellectual property rights in the field of artificial intelligence."

How to strengthen the judicial protection of the entire chain of artificial intelligence under the current legal framework and properly balance the relationship between AI technology innovation and rights protection? Recently, the Guangdong Provincial Higher People's Court issued the "Opinions on Promoting AI Technological Innovation and Industrial Development with High-quality Intellectual Property Trial Work", which is the first judicial policy document in the national court system focusing on the protection of intellectual property rights in the field of artificial intelligence. The "Opinions" integrates intellectual property trial work with the laws of technological innovation and industrial development needs, and constructs a three-chain protection mechanism of "innovation chain-industry chain-rule of law chain", providing a stable, transparent and predictable innovation rule of law environment for AI technology companies, and helping Guangdong build a global innovation highland for AI and robotics industries.

The Opinion has 24 articles in total. It focuses on promoting AI technological innovation and industrial development through high-quality intellectual property trials, protecting AI technological innovation achievements, promoting fair competition in the AI industry, and improving the AI judicial governance system. It focuses on algorithm models, open source licenses, data elements, generated content, etc., and builds a judicial guarantee mechanism covering the entire chain of technology research and development, achievement transformation, scenario application, market competition, etc., to provide a feasible and sustainable legal guarantee plan for AI technological innovation and industrial development.

The Opinion is based on the new positioning of the Guangdong-Hong Kong-Macao Greater Bay Area as "one point and two places", anchored on the goal of serving the construction of the Guangdong-Hong Kong-Macao Greater Bay Area International Science and Technology Innovation Center, strengthens judicial guidance on the multi-scenario integration and application of AI technology, fully releases the "AI +" effect, promotes AI to empower thousands of industries, and serves the intelligent transformation and upgrading of Guangdong's manufacturing industry.

The Opinion strengthens the role of intellectual property trial functions, and systematically puts forward five basic principles for AI-related intellectual property trials, namely "people-oriented, fair and inclusive", "strict protection, tolerant innovation", "systematic concept, scenario awareness", "open sharing, mutual benefit", "standardized, orderly, and safe development", to ensure that judicial trials are in line with the characteristics of technological innovation and the laws of industrial development, and promote AI technological innovation and industrial development.

The Opinion adheres to the problem-oriented approach, responds to the judicial needs of scientific and technological innovation and industrial development in a timely manner, and targets key and prominent judicial issues such as the definition of ownership of artificial intelligence technology achievements, performance of technical contracts, disputes over open source models, balance of data rights and interests, confirmation of generated content, identification of infringement, protection of patents and trade secrets, anti-unfair competition and anti-monopoly, strengthens the normative guidance and value-oriented functions of judicial adjudication, and realizes refined dynamic protection on the basis of maximizing the consensus of the rule of law.

"The Opinion deeply connects the national strategy with the requirements of regional industrial development, emphasizes 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, focuses on strengthening procedural rules, optimizing working mechanisms, and unifying adjudication standards, which will help create a 'Guangdong model' for judicial practice of artificial intelligence intellectual property rights." Zhou Hui, executive deputy secretary-general of the Network and Information Law Research Association of the Chinese Law Society, said.

In order to fully implement the spirit of the Third Plenary Session of the 20th CPC Central Committee, thoroughly implement the Opinions of the Supreme People's Court on Serving and Guaranteeing Scientific and Technological Innovation with High-quality Trials, further improve the level of judicial protection of scientific and technological innovation, build a system and mechanism to support comprehensive innovation, serve and guarantee the high-quality development of the artificial intelligence industry, and combine the actual work of Guangdong courts, the following opinions are put forward.

1. Adhere to the political guidance of intellectual property trial work, and ensure the implementation of the major national science and technology innovation strategy with high-quality judicial services. Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, comprehensively study and implement Xi Jinping's Thought on the Rule of Law, thoroughly study and implement General Secretary Xi Jinping's important instructions on intellectual property and artificial intelligence work, closely focus on the important mission and tasks entrusted to Guangdong by General Secretary Xi Jinping, follow the specific deployment of the Guangdong Provincial Party Committee's "1310", take the lead in responsibility, and implement the innovation-driven development strategy in depth. With high-quality intellectual property trial work to promote artificial intelligence technological innovation and industrial development as the main line, protect artificial intelligence technological innovation achievements, promote fair competition in the artificial intelligence industry, and improve the artificial intelligence judicial governance system, so as to provide solid judicial guarantees for leading the development of new quality productivity with technological innovation and promoting the practice of Chinese-style modernization in Guangdong.

2. Adhere to the work tone of seeking progress while maintaining stability and keeping the right direction and innovation, and promote the upward and positive development of artificial intelligence technological innovation and industrial development. Adhere to people-oriented, fair and inclusive, actively guide artificial intelligence technology to empower thousands of industries, especially in the fields of medical care, education, and elderly care, and promote more and more fair benefits of scientific and technological development to the public. Adhere to strict protection, tolerance and innovation, accurately grasp the spirit of legislation, accurately apply relevant laws and judicial interpretations, fully protect the legitimate rights and interests of all parties, and balance the protection of rights and interests with technological development with a prudent and inclusive attitude. Adhere to the system concept and scenario awareness, fully study the technical principles related to artificial intelligence and the overall laws of industrial development, and provide corresponding judicial protection according to the nature of damaged rights and interests in different application scenarios. Adhere to openness, sharing, mutual benefit and reciprocity, accurately grasp the relationship between the effective protection and efficient use of factors such as data, and actively promote the collaborative cooperation, sharing and win-win of various entities in the artificial intelligence industry chain. Adhere to standardized, orderly and safe development, implement the overall national security concept, strengthen the social responsibility of artificial intelligence enterprises in accordance with the law, resolutely regulate the abuse of technology to infringe on the rights and interests of others and damage the public interest, and ensure the high-quality development and high-level security of artificial intelligence.

3. Based on the strategic positioning of "one point and two places" in the Guangdong-Hong Kong-Macao Greater Bay Area, help the integration and innovation of "artificial intelligence +" technology and industry. In judicial trials, anchor the goal of serving the construction of the Guangdong-Hong Kong-Macao Greater Bay Area International Science and Technology Innovation Center, seize the opportunities of building major cooperation platforms such as Hengqin, Qianhai, Nansha, and Hetao, innovate judicial reform measures, and improve judicial procedure rules. Give full play to the advantages of Guangdong's science and technology clusters, industrial resource endowments, and the leading role of key basic scientific research platforms such as Pengcheng Laboratory, Guangzhou Laboratory, and Guangdong Provincial Laboratory of Artificial Intelligence and Digital Economy, promote the marketization and industrialization of technological innovation results, and provide judicial guarantees for accelerating the construction of an innovative ecological chain throughout the entire process of artificial intelligence. Actively extend judicial services, deepen the integration and innovative application of artificial intelligence with advantageous industries such as high-end equipment, smart home appliances, electronic information, new energy vehicles, and health care, and promote the intelligent transformation and upgrading of Guangdong's manufacturing industry. Strengthen judicial guidance on the multi-scenario integration and application of artificial intelligence technology, fully release the "artificial intelligence +" effect, and serve and guarantee Guangdong's creation of a global artificial intelligence and robotics industry innovation highland.

4. Give full play to the role of intellectual property trial functions and consolidate the legal guarantee for artificial intelligence technological innovation and industrial development. Establish and improve the trial work mechanism for digital economy intellectual property cases, strive to build a good legal chain in promoting the innovation chain and developing the industrial chain, and provide a stable, transparent, and predictable innovative legal environment for artificial intelligence technology companies. Strengthen judicial protection of key core technology innovations such as high-end chips, intelligent computing power, and multi-modal large models, protect the legitimate rights and interests of various entities in the artificial intelligence innovation chain and industrial chain in accordance with the law, stimulate the vitality of independent innovation of high-tech enterprises, and provide judicial support for artificial intelligence technology breakthroughs and industrial upgrading. Actively summarize and refine the rules of adjudication, cultivate and publish typical cases, strengthen the guidance of legal policy propaganda, enhance my country's voice and influence in the international governance of artificial intelligence, and create an optimal place for international artificial intelligence dispute resolution.

5. Steadily adjudicate disputes over the ownership of artificial intelligence technology innovation results, and encourage collaborative innovation and sharing of results. On the basis of respecting the autonomy of the parties and freedom of contract, follow the laws of technological innovation and the characteristics of industrial practice, and judge and clarify the boundaries between job achievements and non-job achievements in accordance with the law. Comprehensively consider the degree of technological contribution, the source of R&D investment, and the process of achievement formation, explore and improve the judicial adjudication standards for the confirmation of rights and distribution of benefits of artificial intelligence technology innovation results, effectively safeguard the legitimate rights and interests of scientific and technological personnel, and promote the establishment of an innovative collaboration mechanism with clear rights and obligations and balanced distribution of benefits.

6. Adjudicate disputes over artificial intelligence technology contracts in accordance with the law, and smooth the chain of transformation and application of technological achievements. Fully consider the characteristics of artificial intelligence technology research and development, industry standards, development risks and other factors, appropriately guide the parties to achieve the purpose of the contract through negotiation to change the performance method, extend the R&D cycle, adjust the acceptance standards, and actively promote the effective performance of the contract. By standardizing technology trading activities, deepening the collaborative innovation mechanism of industry, academia, research and application, promoting the formation of a good innovation ecology, and actively promoting the transformation and implementation of artificial intelligence technology achievements. Support the implementation of Guangdong Province's "Guangdong Computing" action plan, help build an integrated computing power system across the province, and provide strong legal guarantees for the implementation of artificial intelligence technology in thousands of industries.

7. Properly adjudicate disputes related to open source artificial intelligence and create an open and shared innovation ecology. Fully recognize the important role of the open source model in the innovation of artificial intelligence technology and industrial development, and protect the legitimate rights and interests of open source communities and open source contributors in accordance with the law. Properly adjudicate intellectual property disputes involving open source licenses, accurately understand and judge the legal effect and obligation requirements of different types of open source license agreements, and support various entities in open source projects to exercise litigation rights in accordance with the law. Fully consider the characteristics of artificial intelligence technology and industry practices, and provide adaptive protection based on factors such as open source content, open source methods, and open source degree. Give full play to the guiding function of judicial adjudication, promote enterprises, universities, scientific research institutions, industry associations, etc. to actively participate in international open source projects and jointly build domestic open source communities, and provide a good legal environment for the development of open source artificial intelligence technology. Support the establishment of an open source artificial intelligence ecological governance mechanism that conforms to my country's national conditions, promote the coordinated development of open source and intellectual property protection, and promote the inclusiveness of artificial intelligence technology.

8. Hear disputes over data rights and interests involving artificial intelligence in accordance with the law, and promote the release of multiplier effects of data elements. Fully recognize the fundamental role of data resources in the training of artificial intelligence models, comprehensively consider the necessity of data collection, analysis and other behaviors, and protect the copyright of works or the legitimate rights and interests of data, and also meet the reasonable needs of technology applications. Regulate unfair competition involving data elements in accordance with the law, promote the legal flow and effective use of data resources, and promote the development of the artificial intelligence industry. Encourage enterprises to clarify the source of data through data intellectual property registration, and guide the legal and compliant acquisition of data resources. Support enterprises to carry out data fusion application innovation legally, encourage large enterprises to open data resources to small and medium-sized enterprises under fair and reasonable conditions, promote collaborative innovation of the digital industrial chain, and promote the formation of an institutional environment for high-quality supply of data elements.

9. Properly hear disputes over the ownership of content generated by artificial intelligence, accurately define the nature of the generated content and its ownership. Accurately grasp the technical principles of human-computer interaction between generative artificial intelligence and users, and properly protect the legitimate rights and interests of all participating entities. Strictly review the relevant evidence, focus on the creative contribution of humans to the output content of generative artificial intelligence, and carefully judge whether the content generated by artificial intelligence meets the constituent elements of the work. According to the contractual agreement, the substantial contribution of each participant, intellectual investment and other factors, the ownership of the rights or interests of AI-generated content shall be determined in accordance with the law. Explore the property rights incentive mechanism for the innovative subjects of AI-generated content, and help build an internationally leading content industry highland.

10. Hear disputes over copyright infringement of AI-generated content in accordance with the law, and properly clarify the responsibilities of each participant. Adhere to scenario-based analytical thinking, and accurately define the legal nature of the alleged infringement according to specific technical principles and behavioral characteristics. Fully consider factors such as application scenarios, the degree of human participation and intervention, the platform's ability to control content, and the necessary measures taken, and clarify the responsibilities of all parties such as AI developers, service providers, and users. Explore the establishment of infringement and liability identification rules that are compatible with the development of AI technology and industrial practice, clarify the boundaries of reasonable care obligations, and take into account both rights protection and industrial development.

11. Properly build a credible and controllable legal defense line for technology application to ensure the standardization and health of AI-generated synthetic content. Implement the requirements of the "Measures for the Identification of AI-Generated Synthetic Content", strengthen judicial and administrative coordination and cooperation, and form a joint force for supervision and protection. Explore and improve the "notice + necessary measures" rules for AI service providers, and regulate the use of AI technology to infringe on the personal information rights and interests of others in accordance with the law. Guide AI platform companies to strengthen supervision, standardize the identification and review of generated synthetic content, promote the industry to form a standardized compliance mechanism, and build a healthy, transparent, credible, and safe AI-generated synthetic content ecosystem.

12. Hear patent disputes involving AI in accordance with the law and strengthen the legal protection of key core technologies. Strengthen the effective connection between patent dispute trials and scientific and technological innovation policies, and look at original, strategic, and subversive AI technologies from a development perspective. On the basis of clarifying the relevant technical facts, fully consider the market value of technological applications in the frontier field of AI, and determine a higher amount of compensation for infringement in accordance with the law. Make full use of institutional mechanisms such as technical investigators, expert assistants, and technical consultants to explore and improve the joint trial mechanism for patent infringement and right confirmation cases, and enhance the external intellectual support for judicial trial links such as patent protection scope identification and technical solution comparison.

13. Properly hear disputes involving AI-related technical secrets and escort the healthy development of the industry's innovation ecology. Explore rules for the protection of AI technical secrets, crack down on infringements of stealing and leaking AI technical secrets in accordance with the law, and effectively safeguard the rights and interests of enterprises in independent innovation. Combined with the characteristics of artificial intelligence technology, the content of technical secrets and the parties' ability to provide evidence, the burden of proof should be reasonably allocated, and the ownership and constituent elements of technical secrets should be accurately determined in accordance with the law. Properly balance the protection of technical secrets and the reasonable flow of scientific and technological talents. It is necessary to protect technical secrets in accordance with the law, and to protect the legitimate rights and interests of scientific and technological personnel in employment and entrepreneurship, and promote the healthy development of the artificial intelligence industry ecosystem.

14. Hear unfair competition disputes involving artificial intelligence in accordance with the law, and effectively maintain the market order of technological innovation. Stop unfair competition behaviors such as false propaganda, confusing counterfeiting, and commercial defamation in artificial intelligence-related industries in accordance with the law, and maintain the fair competition order of the market. Fully investigate the principles and business models of artificial intelligence technology, reasonably define the business ethics standards of the artificial intelligence industry or specific industries, and comprehensively judge the legitimacy of behavior from the dimensions of technology acquisition, usage methods, purpose of use, and market impact. On the premise of protecting the rights and interests of personal information and the legitimate rights and interests of consumers in accordance with the law, support the full and free competition of business entities in the artificial intelligence industry chain, and do not simply judge the illegality of behavior unilaterally based on the damage to the interests of competitors.

15. Properly hear monopoly disputes involving artificial intelligence and stimulate the innovation vitality of market entities. According to law, stop monopoly agreements and abuse of market dominance in the fields of key AI technologies and infrastructure, and prevent AI giants from abusing their technological advantages to block the market. According to law, strictly regulate the exclusion and restriction of competition by using resource advantages such as data and computing power and platform rules, protect the innovation vitality and development space of small and medium-sized enterprises, and ensure that all types of innovation entities fully participate in the application of AI technology. Support and supervise administrative agencies in implementing fair competition reviews in the AI industry market, and promote the diversified, inclusive and safe development of the AI industry.

16. Carefully identify intellectual property crimes involving AI and build a solid legal barrier for industrial development. Resolutely crack down on telecommunications network fraud that abuses AI technology , online rumors, online violence and other illegal crimes. For acts such as stealing core data and algorithms by illegally intruding into computer systems, if such acts constitute a crime, they shall be convicted and punished according to law. Combined with the institutional norms such as the online real-name system and AI-generated content identification, we shall prevent and regulate intellectual property crimes committed by abusing AI technology in accordance with the law. Taking full account of the technical neutrality characteristics such as automatic crawling and synthetic generation, we shall not only crack down on new crimes such as mass production of infringing copies and illegal acquisition of trade secrets through AI technology, but also prevent the expansion of criminal means and avoid restricting the development of emerging technologies. Taking full account of the characteristics of the long AI industry chain and multiple subjects, we shall accurately define the scope of responsibility of developers, service providers, users and other subjects in accordance with the law, accurately crack down on illegal crimes, standardize the boundaries of technology application, and promote the healthy and sustainable development of the AI industry on the track of the rule of law.

17. Actively participate in the judicial governance of cross-border intellectual property rights of AI. Properly handle cross-border intellectual property disputes involving AI, equally protect the legitimate rights and interests of all parties, and protect my country's AI innovation achievements in accordance with the law. On the premise of maintaining national security and core interests, support and guarantee the high-level international development of my country's AI enterprises. On the premise of ensuring the security of data outbound, standardize and promote the orderly cross-border flow of data. Give full play to the industrial innovation and international advantages of the Guangdong-Hong Kong-Macao Greater Bay Area, and help establish a data circulation rules system and operating mechanism within the Bay Area. Actively participate in the international governance of artificial intelligence, strengthen exchanges and cooperation with international organizations and judicial institutions of other countries and regions, and promote the formation of fair, reasonable, inclusive and open international protection rules for artificial intelligence.

18. Improve the rules of litigation procedures for artificial intelligence intellectual property cases. Improve the diversified technical fact-finding mechanism, properly use resources such as technical investigation laboratories and third-party expert databases, and strive to solve the problem of technical fact-finding difficulties in artificial intelligence dispute cases. Strengthen the standardized management of artificial intelligence technology-assisted evidence collection, electronic evidence preservation, and intelligent evidence analysis. Explore and study the review and identification rules for artificial intelligence-generated content as evidence, clarify the relevant evidence proving ability, probative force evaluation standards and review procedures, and prevent the risk of false evidence.

19. Improve the work mechanism for improving the quality and efficiency of artificial intelligence cases. Improve the professional trial mechanism and support courts with mature conditions to set up special collegial panels or trial teams for data and artificial intelligence. Improve the awareness of quality cases, strengthen the reasoning of judgments in cases involving artificial intelligence intellectual property rights, and continuously improve the judicial judgment rules for intellectual property rights in the field of artificial intelligence. Strengthen the supervision and guidance of trials of major, difficult and complex cases with the first case effect, give full play to the role of mechanisms such as professional judges' meetings and trial committees, make full use of platforms such as FaDa.com and the People's Court Case Library, promote the coordination and unification of legal application and judgment standards, and improve the quality and efficiency of trials of AI intellectual property cases.

20. Strengthen judicial research on legal issues of AI intellectual property. Actively carry out investigations and research on AI intellectual property protection mechanisms and rules, and fully judge the development needs, conflicts of interest and social risks of AI technology and industry. Timely release research results such as research reports, guiding opinions, and trial guidelines to provide legal solutions for the prevention and resolution of AI-related risks. Strengthen the search and analysis of AI intellectual property cases, and provide empirical support for the legal adjudication of related cases.

21. Strengthen the publicity and guidance of judicial protection of AI intellectual property. Timely respond to the concerns of all sectors of society, timely release typical cases of AI intellectual property, and strengthen authoritative channels to explain the law through cases. Make full use of various media channels to carry out legal publicity, and combine digital information technology to innovate legal publicity forms. Strengthen cooperation and exchanges with administrative departments, technology companies, and industry associations, and play the role of judicial adjudication in education and guidance through holding seminars, symposiums, and lectures, so as to promote the healthy and standardized development of artificial intelligence technology and industry.

22. Strengthen the construction of a comprehensive governance system for artificial intelligence-related industries. Actively communicate and coordinate with party committees and relevant government departments to establish and improve linkage and coordination and comprehensive governance mechanisms to promote the efficient and flexible resolution of artificial intelligence intellectual property disputes. Based on the practice of intellectual property trials, we will conduct in-depth research and analysis on the development needs and legal risks of the artificial intelligence industry, and guide relevant enterprises, platforms, associations, etc. to regulate and self-govern through various means such as issuing judicial suggestions, and promote the formation of a full-chain protection force of self-discipline, administrative supervision, and judicial protection in the artificial intelligence industry.

23. Strengthen reform, innovation, and technical support for the judicial application of artificial intelligence. Accurately grasp the positioning of artificial intelligence technology to assist judicial work, scientifically coordinate the judicial application of artificial intelligence and the construction of a "one network" for digital courts, and take the lead in exploring application scenarios such as assisted reading, intelligent trial, document generation, trial management, data analysis, and risk assessment in the field of intellectual property. Establish and improve the security management system for the judicial application of artificial intelligence, and strictly implement the classification and grading management and security protection requirements for judicial data. Explore the establishment of a supervision system for the entire process of AI judicial applications, enhance the explainability of technology applications, and ensure that AI technology can steadily and efficiently empower judicial practice.

24. Strengthen the construction of a professional and compound trial talent system for AI. Continue to strengthen communication and cooperation with colleges and universities, scientific research institutions, and technology companies, explore various models such as joint training and cooperative construction, and cultivate a compound talent team with both professional and technical literacy and legal practice capabilities. Through regular organization of special training, exchanges and discussions, judicial training, etc., enhance the understanding and application capabilities of judges of cutting-edge AI technologies, and ensure that the judgment conclusions are in line with the laws of scientific and technological development. Strengthen the selection and employment of technical investigators in AI-related fields such as big data and algorithms, and provide professional support for the trial of complex cases involving AI technology.