Supreme People’s Court, Opinions on Trying, in Accordance With the Law, Dispute Cases Involving Artificial Intelligence

最高人民法院关于依法审理涉人工智能纠纷案件的意见

SPC clarifies patent protection in invention/creation using AI / CLP Reference: 5600/26.09.07 ; Promulgated: 2026-09-07

By Susan Mok

Promulgated: September 7, 2026





Main contents: Unless otherwise provided in law, where artificial intelligence is used, without the consent of a natural person, to process his/her name, likeness, etc., generating a virtual digital avatar that can identify such natural person, such avatar is used or made public and the natural person claims that the perpetrator has infringed his/her personality rights, such as the right to his/her name, his/her likeness, etc., the people’s court shall uphold such claim in accordance with the law.

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