Legal Implications of Artificial Intelligence in China
Ron Cai, Xuezhou Chen, Sherry Zhang · 2020
Artificial intelligence (Al) has been developing very quickly in China. AI technologies and products are regulated under the current general laws and regulations, particularly in respect of privacy and data, professional or regulatory permits, intellectual property (IP), liabilities, bias and discrimination. This chapter discusses the legal implementations of AI from all these perspectives. There would generally be two IP ownership arrangements for the final AI deliverables, i.e. sole ownership by the developer and licence to the customer for business use, or co-ownership between the developer and customer. If an AI is regarded as a product, manufacturers and resellers of the AI product would be subject to strict product liability, and the party suffering the losses may need to prove defect of the AI product under PRC Product Liability Law. AI cannot always be fair and neutral. AI is created by humans, and may learn to incorporate human bias.