With the explosive growth of generative artificial intelligence, the copyright ownership and compliance risks of AI-created content have become a new challenge for Chinese technology companies expanding overseas. At a press conference held by the State Council Information Office on April 24, Yu Ning, Director-General of the Department of Treaty and Law at the Ministry of Commerce, responded to questions from Southern Finance · 21st Century Business Herald regarding the copyright of AI-generated works. According to Yu, the Ministry of Commerce is exploring rulemaking proposals in response to emerging intellectual property issues, such as the copyrightability of AI-generated content, aiming to enhance the level of intellectual property protection together with relevant trading partners.

Intellectual property protection has long been a key aspect of international economic and trade cooperation. When asked how to promote international exchanges and cooperation in the field of intellectual property, Yu Ning stated that intellectual property protection remains a focal and hot topic in international economic and trade exchanges. As the department leading foreign cooperation and consultations on trade-related intellectual property matters, the Ministry of Commerce has primarily undertaken work in four areas.

First, deepening multilateral and bilateral exchanges and cooperation. By leveraging bilateral intellectual property exchange mechanisms with Europe, Russia, Switzerland, and Canada, the Ministry has engaged in in-depth communication with major trading partners through working group meetings and thematic consultations. This facilitates mutual learning and addresses issues of concern to both governments and industries. Additionally, China actively participates in intellectual property dialogues under multilateral frameworks such as the World Trade Organization and APEC, promoting the country’s legislative, enforcement, judicial practices, and protection outcomes, while advancing international cooperation in areas like trade secret protection.

Second, intensifying efforts in rule exploration. The Ministry is actively promoting China’s accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Digital Economy Partnership Agreement (DEPA), advancing intellectual property rule negotiations under free trade agreements, and accelerating the implementation of the Regional Comprehensive Economic Partnership Agreement (RCEP). Director Yu noted that, as recently mentioned by the head of the National Copyright Administration, the Ministry is exploring rulemaking suggestions in light of new intellectual property issues, including the copyrightability of AI-generated content, to jointly elevate intellectual property protection standards with trading partners.

Third, supporting pilot reforms in free trade zones. The Ministry is encouraging free trade zones to conduct more optimized explorations, supporting Zhejiang Free Trade Zone in accelerating the construction of a national-level intellectual property service export base, Jiangsu Free Trade Zone in building a demonstration zone for intellectual property financial innovation, and Beijing Free Trade Zone in establishing an international hub for intellectual property value realization. By proactively aligning with high-standard international trade rules, the Ministry aims to promote institutional openness in free trade zones. In line with State Council directives, pilot measures such as patent application information disclosure and strengthened judicial protection for rights holders are being replicated and scaled up to broaden the benefits of institutional innovation.

Fourth, strengthening equal protection for domestic and foreign-funded enterprises. The Ministry is implementing policies to optimize the foreign investment environment, raising public awareness of intellectual property protection, safeguarding the legitimate rights and interests of both domestic and foreign enterprises equally, and combating intellectual property infringements against foreign-invested companies. Leveraging task forces for key foreign-invested projects at various levels, the Ministry stays informed about the intellectual property protection needs of foreign enterprises. Enhanced cross-departmental coordination ensures timely responses to and resolution of foreign enterprises’ concerns, contributing to a market-oriented, law-based, and internationalized business environment.

“Moving forward, the Ministry of Commerce will continue to use openness as a driving force and cooperation to foster integration, deepening international exchanges on intellectual property and empowering reform through opening up,” Yu Ning stated.