Approaches to Protecting Intellectual Property Rights in Open-Source Software and AI-Generated Products, Including Copyright Protection in AI Training.

China’s regulatory approaches to open-source resources and software deserve special attention due to the widespread global use of Chinese-developed solutions. China’s activity in the open-source software sector surged in 2020, laying the foundation for the type of innovations seen today. By actively fostering an open-source development culture, China has provided a broad range of developers with access to AI tools rather than restricting them to a few dominant corporations. Within this context, the issue of protecting intellectual property rights over products created using or based on open-source software, particularly through generative AI, has become critical. It is important to recognize that copyright laws in a given country, governed by the territorial principle of IP protection, determine the specific regimes for the fair use of works, including computer programs. At the same time, it is impossible to ignore the fact that the use of open-source code and the development of AI-based solutions and services often involve creative efforts leading to new intellectual property. China’s approach addresses key legal challenges arising from the widespread use of AI systems. Given its model-like adaptability, it could serve as a reference for the development of AI legislation in Russia and across the BRICS nations as a whole.

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