Guangdong first to issue judicial policy on IP disputes

Guangdong's top court has issued China's first judicial policy on artificial intelligence and intellectual property, clarifying responsibilities in copyright disputes involving AI-generated content. The guidelines stress case-by-case analysis to balance rights protection with industry development.

The Guangdong High People's Court released a special document requiring judges to properly handle disputes over ownership of content generated by DeepSeek and related AI systems in the coming months.

According to the Opinions on Promoting Artificial Intelligence Technology Innovation and Industrial Development through High-Quality Intellectual Property Trial Work, judges must accurately define the nature and ownership of AI-generated content, rigorously examine evidence and assess human creative contribution during trials.

The document, issued late last week, states that ownership should be determined based on the law, contractual agreements, substantial contributions, intellectual investment and related factors.

The opinions aim to explore property incentive mechanisms to support the development of a world-leading AI content industry. They also seek to support the Guangdong-Hong Kong-Macao Greater Bay Area international science and technology innovation center, strengthen judicial guidance for AI integration, unleash the "AI+" effect, drive AI empowerment across industries and advance the intelligent upgrade of Guangdong's manufacturing sector.

In addition, the opinions aim to refine judicial standards for the certification and benefit distribution of AI innovations, protect the rights of scientific and technological innovation personnel, and promote cooperation mechanisms with clear rights, obligations and balanced benefit distribution.

The document further outlines efforts to develop infringement and liability rules suited to AI development, clarify reasonable duty of care boundaries and maintain a balance between rights protection and industrial growth.

It is the first local judicial policy guiding judges in handling cases involving ownership rights or interests in AI-generated content.

Wang Xiaoming, chief judge of the intellectual property division of the Guangdong High People's Court, said courts across Guangdong last year adhered to the principle of "truly protecting innovation, protecting true innovation." They promoted the integration of judicial protection and technological innovation, strengthened forward-looking guidance on laws and policies, enhanced the protection of high-tech achievements, and explored new business judgment rules, he said.

Wang said courts will continue to release more typical intellectual property protection cases to promote new quality productive forces and properly handle emerging issues involving cloud storage, artificial intelligence and virtual property, offering clear and predictable behavioral rules for innovative entities.

Guan Zhen, director of the Guangdong AI4C Artificial Intelligence Application Research Institute, said he supports the introduction of the opinions, which encourage development in accordance with laws and regulations.

The document will help protect intellectual property rights, create a favorable environment for innovation and technological advancement, and prevent risks, Guan said.

Ye Shibao, senior attorney at All-Bright Law Offices in Guangzhou, said the opinions encourage and guide market players to agree in advance on rights and obligations through commercial contracts in activities involving AI-generated content, facilitating business promotion and goal achievement for all parties.

The document was issued as the AI industry experiences rapid growth, with a rising number of cases reported in Guangdong involving the ownership or interests of AI-generated content.