argument: Notizie/News - Intellectual Property Law
Source: Supreme People's Court Monitor
The Supreme People’s Court disclosed its initial policy document specifically addressing adjudication of disputes involving artificial intelligence, titled Opinions on Adjudicating Disputes Involving Artificial Intelligence in Accordance with the Law. The drafting process began in 2025 with the formation of a drafting group led by the Research Office along with significant contribution from the #3 Civil Division. Political imperatives included guidance from General Secretary Xi Jinping and directives in the Outline of the 15th Five-Year Plan emphasizing improvement of laws, regulations, policies, standards, and ethical guidelines in AI. Practical reasons involved a growing number of AI-related cases and the absence of comprehensive AI legislation.
During drafting, the SPC team engaged in systematic research, reviewing policy documents and laws related to AI, analyzing frequently asked questions on the Court Answers Platform, and studying relevant judicial cases from the People’s Court Case Database. They also tracked overseas legislation and judicial practices. Consultations took place with local courts, relevant government departments, industry representatives, and selected experts and scholars, but not with the general public. The SPC chose to issue an “Opinion” (意见), a policy document type, to provide timely guidance rather than a judicial interpretation, which typically takes longer to draft. The process included coordination with members of the Inter-ministerial Joint Conference on Building a Powerful Intellectual Property Rights Nation.