JEAIL > Volume 17(2); 2024 > Articles
Research Paper
Published online: November 30, 2024
DOI: http://dx.doi.org/10.14330/jeail.2024.17.2.03

International Online Infringement of Artificial Intelligence-Generated Objects: A Chinese Legal Perspective

Youyou Jiang
Nanjing Tech University
30 South Puzhu Road, Nanjing 211816, Jiangsu Province, China.
Corresponding Author: jyy@njtech.edu.cn

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/liceInha University Law School, 100 Inharo, Michuhol-gu, Incheon 22212 Korea. / nses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Online infringement of Artificial intelligence (AI) generated content essentially constitutes IP infringement and should adhere to Article 50 of Law of the People’s Republic of China on the Law Applicable to Foreign-Related Civil Relationships. However, applying Article 50 to online infringement involving AI-generated objects presents a dual interpretation dilemma. The first dilemma pertains to the interpretation of the requested place of protection. The second issue concerns the redundancy of party autonomy in the article. Therefore, Article 50 should be reinterpreted with as emphasis on maintaining the territoriality of IP rights to make it applicable to online infringement of AI-generated objects. The place where protection is sought should be understood as the forum. If there are relevant factors, the affected cyberspace can be ‘collapsed’ into the court’s location. By employing the territoriality of IP, party autonomy should be limited to regulating the issue of damages.

Keywords : Artificially Intelligent Generators, Conflict of Law, Lex Loci Protectionis, Party Autonomy

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