According to an article from China Daily, the rapid development of artificial intelligence (AI) and its ability to generate content has created a legal conundrum regarding intellectual property rights (IPR) in China. The nation's current laws do not specifically address the copyright of AI-generated content (AIGC). The 14th Five-Year Plan proposes improvements to the intellectual property protection system, particularly for emerging technologies like AI.

Chinese academia is divided on whether AIGCs should be protected under copyright law. The majority believe these creations should be protected as intellectual achievements, while a minority argue that copyright should only cover products of natural human labor. This debate has been highlighted by several court cases, including the "Dreamwriter" case, where AI-generated content was deemed copyrightable by the Shenzhen court, and the "Feilin v. Baidu" case, where the Beijing Internet Court ruled that only works produced by human intellectual labor are eligible for copyright protection.

The Interim Measures for the Management of Generative AI Services, effective from August 2023, mandate respect for IP rights and legitimate sourcing of data for AI training. Despite these measures, the lack of comprehensive laws poses a risk of legal disputes over IPR issues as AI technology continues to evolve and become industrialized.

The article underscores the need for clearer legislation to define the legal status and IPR of AI-generated works, distinguish between AI-generated and human-created works, and address the responsibilities of AI service providers in cases of IP infringement. As China moves towards finalizing an AI Act, the balance between promoting AI development and protecting IPR remains a critical challenge for lawmakers.