China Releases Draft Measures for the Management of Generative Artificial Intelligence Services

On April 11, 2023, the Cyberspace Administration of China (CAC) released the Measures for the Management of Generative Artificial Intelligence (AI) Services (Draft for comments) (生成式人工智能服务管理办法(征求意见稿)) regulating research, development and utilization of generative artificial intelligence products to provide services to the public within the territory of the People’s Republic of China.  The CAC defines generative AI as “technologies that generate text, pictures, sounds, videos, codes, and other content based on algorithms, models, and rules.”

Several of the Articles involve intellectual property as follows:

Article 4 The provision of generative artificial intelligence products or services shall comply with the requirements of laws and regulations, respect social morality, public order and good customs, and meet the following requirements:

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(3) Respect intellectual property rights and business ethics, and shall not use advantages such as algorithms, data, and platforms to implement unfair competition.
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(5) Respect the legitimate interests of others, prevent harm to the physical and mental health of others, damage personality rights and personal privacy, and infringe intellectual property rights. Illegal acquisition, disclosure, and use of personal information, privacy, and business secrets are prohibited.

Article 7 Providers shall be responsible for the legitimacy of the source of pre-training data and optimized training data for generative artificial intelligence products.

The pre-training and optimized training data used for generative artificial intelligence products should meet the following requirements:

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(2) Does not contain content that infringes intellectual property rights ;

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Article 13 A provider shall establish a mechanism for receiving and handling user complaints, timely handle individuals’ requests for correction, deletion and screening of their personal information, and when discovering or knowing the generated text, pictures, sounds or videos, etc., infringe upon others’ personality rights, personal privacy or trade secrets or does not meet the requirements of these Measures, take measures to stop the generation of such texts, pictures, sounds or videos, so as to prevent the damage from continuing.

The deadline for comments is May 10, 2023. The full text of the draft Measures is available here (Chinese only).

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