As AI rapidly advances, related intellectual property topics have sparked widespread global discussion. With the strong support and active participation of the Japan External Trade Organization (JETRO), the "Global Intellectual Property Dynamics and Challenges in AI Development" and "China Economic and Intellectual Property Issues" seminars, organized by Waseda University and co-hosted by Tahota Law Firm,  Japan Hatsumei-Tsushin Co., Ltd, and other institutions, were grandly held at the Waseda University, Tokyo, Japan on August 27-28, 2024,. Representatives from JETRO, the Japan Patent Attorneys Association, Deloitte, Waseda University, and Tahota Law Firm attended and spoke at the seminar. This conference is a rare one that is jointly organized and attended by the Japanese government, business society, and IP practitioners from both China and Japan.

The seminar attracted over 200 participants, including intellectual property practitioners, scholars, government officials, and business representatives from both countries, who attended both online or offline. Mr. Charles Feng, Senior Partner, Director of International Business Department of Tahota andMr. Mori Yasuaki, the Special Counsel of the firm as well as and Ms. Zhang Dan and Ms. Xue Lian, both are lawyers from Tahota and  have rich experience in Japanese business, attended the conference. Mr. Charles Feng delivered speeches at both seminars, discussing the profound impact of the rapid development of artificial intelligence technology on the field of intellectual property and providing an in-depth analysis of the latest trends and challenges in this area for both countries.

Highlights of the Seminar

August 27: On the first day of the seminar, experts delivered presentations on global IP dynamics and challenges in the context of AI advancement. Tahota Law Firm's Special Counsel Mori Yasuaki, Professor of Management and Design at Waseda University Graduate School of Creative Science and Engineering and Professor of Social Culture at the School of Creative Science and Engineering, fully participated in the seminar and delivered the opening speech.

Subsequently, Mr. Kenji Shimida, the Director of Intellectual Property of he Japan External Trade Organization (“JETRO”) who is seconded by the Japan Patent Office), provided an overview of the current major trends in intellectual property from a global perspective. He also explained JETRO's related activities and the organization's contributions to intellectual property exchange and cooperation between China and Japan. JETRO, established in 1958 as the Japan Trade Promotion Organization, is a government-funded institution under the Ministry of Economy, Trade and Industry of Japan, dedicated to promoting trade and investment. The organization has long been committed to the development of knowledge assets (including intellectual property and knowledge personnel). It focuses both on protecting intellectual property rights and on nurturing intellectual property talent domestically and internationally. Additionally, Director Shimida provided a detailed analysis of the impact of international organizations such as the TPP and CPTPP on the field of intellectual property.

Following this, MR. Kurokawa Megumi, Executive Director of the Japan Patent Attorneys Association, introduced IP legal developments related to AI in Japan and the US.

Finally, Mr. Charles Feng, Senior Partner and Head of International Business Department at Tahota Law Firm's Beijing office, illustrated specific cases to detail the progress of AI-related intellectual property legal regulations in China and compared it with judicial progress in the United States. Mr. Feng reviewed four landmark cases recently made by Chinese courts, including the "Tencent vs. Yingxun Technology Case," "Filin vs. Baidu Case," "Spring Breeze Case," and "Ultraman Case," analyzing issues related to copyright protection and infringement liability for works generated by generative AI. Mr. Feng also compared the approaches of US courts in the "Zarya of The Dawn," "A Recent Entrance to Paradise," and "Visual Artists vs. Stability AI et al." cases, providing a comparative analysis of the different perspectives on copyright recognition for AI-generated works in China and the US. He explained the relationship between the "tool theory" and "originality of works" in AI and provided an outlook on the liability and defenses of AI platforms within the legal framework.

August 28: On the second day, the seminar focused on “Challenges and Opportunities for IP in the Chinese Market,” discussing the current state of the Chinese economy and its impact on Japanese enterprises, and analyzing the latest IP case laws and challenges in China.

Mr. Kenji Sugiura, Deputy Director of the China and North Asia Section at the Japan External Trade Organization (JETRO), introduced the latest trends concerning the Chinese economy and Japanese enterprises. He provided an in-depth analysis of the development of the Chinese economy and its impact on Japanese businesses, particularly focusing on new trends in Japanese investment in China and summarizing, analyzing, and commenting on the new characteristics of China-Japan trade development.

Mr. Feng provided a detailed explanation of recent amendments to China's Trademark Law. Mr. Feng outlined the progress of the new trademark law amendments and the main contents of the draft, providing a thorough analysis of issues such as the obligation to use trademarks, combating malicious registration, prohibiting duplicate registration, and adjustments to opposition procedures.

Mr. Feng also used specific cases he has handled to illustrate new strategies for addressing non-controversial trademark squatting using copyright law and anti-unfair competition law. He provided detailed explanations on how to use infringement litigation to resolve issues related to trademark registrations that have been in place for over five years.

Mr. Endo Yuugo from TMI Associates shared practical experiences on trademark registration and introduced the differences between Chinese and Japanese trademark systems.

Mr. Kunimitsu Kenichi, IP Director and Partner at Deloitte Tohmatsu Financial Advisory, discussed "Global Intellectual Property Strategy in the Era of Artificial Intelligence and Digital Transformation," analyzing global IP management strategies in the context of digital transformation.

The panel discussion, moderated by Special Counsel Mori Yasuaki from Tahota Law Firm and Professor at Waseda University, included contributions from Mr. Noda Makoto, Advisor at Kawasaki Heavy Industries, Mr. Feng, Mr. Endo Yuugo, and Mr. Kunimitsu Kenichi, who exchanged views on "How Japanese Companies Should Address Global Intellectual Property Issues Centered on China," engaging in lively discussions.

At the end of the meeting, we were also honored to invite Mr. Keiichi Ohnaga, former Secretary to Japan's former Prime Minister Kakuei Tanaka, to review Mr. Tanaka's significant contributions to the normalization of Sino-Japanese diplomatic relations. Mr. Ohnaga also shared insights on the "Japanese Archipelago Renovation Theory."

In this seminar, Tahota Law Firm, as the only Chinese co-hosting organization, provided support and participation throughout both forums, offering valuable learning and exchange opportunities for government officials, business people, and practitioners from both countries, and strengthening cooperation and understanding between China and Japan in the fields of artificial intelligence and intellectual property.