
Publication
Infringement risk relating to creation and use of the output of a generative AI system
Where the Output of a generative AI system is the same or substantially similar to a third party’s copyright work
Global | Publication | May 2014
The China (Shanghai) Pilot Free Trade Zone Arbitration Rules (the SFTZ Rules) published by the Shanghai International Economic and Trade Arbitration Commission (SHIAC).
SHIAC (also known as the Shanghai International Arbitration Centre) was previously the Shanghai subcommission of CIETAC, the most well-known of the Chinese arbitration commissions. However, as reported in issue 1, it recently broke away from CIETAC following the publication of new CIETAC arbitration rules in 2012. The issue of the SFTZ Rules, which took effect on May 1, 2014, therefore reinforce SHIAC’s new independence from CIETAC.
Highlights of the SFTZ Rules include
It is also disappointing that, in the absence of party agreement, the default language of proceedings is Chinese.
Parties can also apply to SHIAC to constitute an emergency tribunal (of one arbitrator appointed by SHIAC from its list) during the period between the acceptance of a case and the constitution of the tribunal.
This process may not be very familiar to readers outside of Asia, but it is commonly employed in China, in particular for small-value claims.
Publication
Where the Output of a generative AI system is the same or substantially similar to a third party’s copyright work
Publication
The approach and requirements for intellectual property rights to subsist in computer-generated works vary from jurisdiction to jurisdiction.
Publication
Generative AI systems are trained using vast amounts of data, often taken from sources in the public domain that may be protected by copyright or other intellectual property rights, such as, in the UK and EU, a database right.
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