Author: Wang Liming, top-tier Professor of Renmin University of China, Research Fellow of the Research Center of Civil and Commercial Jurisprudence of Renmin University of China

Abstract: The development of generative artificial intelligence presents unprecedented opportunities while also introducing novel infringement risks. From a legal perspective, the following positions are advanced: First, regarding the regulatory model for infringement, Chinese law should adopt a prudent and inclusive approach, adhering to the principle of “promoting development through standardization and achieving standardization through development.” Infringement issues arising from generative AI should be addressed within the existing legal framework to avoid stifling technological innovation with overly stringent regulations. Second, concerning the attribution of liability, a fault-based principle should be adopted, establishing clear and reasonable criteria for determining fault based on the specific context and current technological standards. For adjudicating specific infringements, “safe harbor” rules should be applied by analogy to assess the fault of generative AI service providers. Furthermore, appropriate regulations should be designed to govern the collection and processing of publicly available personal information, sensitive personal information, and existing works by generative AI, as well as the application of deepfake technology.

Keywords: generative artificial intelligence; infringement; attribution of liability; fault-based principle; promoting development through standardization; safe harbor rules.