Legal Issues Related to Generative AI

Part 1: Use of Works in the Development and Learning Stages of Generative AI and Article 30-4 of the Copyright Act

Authors： Shigetoshi (Toshi) Hirano Kei Teshirogi
Magazine/Book：NBL No.1265
Publisher：Shojihomu Co., Ltd.
Practice： Intellectual Property Dispute Resolution Intellectual Property Transactions
Date of publication： May 1, 2024

Other publications by Shigetoshi (Toshi) Hirano

2018.03.01
IP Laws of the Philippines
2017.06.27
Liability for Damages from Automated Vehicle Accidents in Japan
2016.05.11
Legal Counseling on Unfair Competition Prevention Act I and II (Updated Seirin Shoin Legal Counseling Series No. 8)
2016.05.01
“Q35: Protection of Prominent Weak Marks” and “Q48: Overseas Outflow of “Trade Secrets” through Industrial Spies,” Legal Counseling on Unfair Competition Prevention Act I and II
2015.05.26
Joint R&D Agreement Handbook- Practices and Examples of Japanese-English Provisions
2015.04.01
Handbook on Joint Research and Development Agreements — Practices and Sample Provisions in Japanese and English
2015.03.20
Analysis of Judgments Overturning Patent Trial Decisions - the Intellectual Property High Court Practice based on Case Examples
2015.03.02
Items that may be Reproduced by Book Scanning Services and the Scope Permitted under Article 30 of the Law—Decision of the IP High Court on October 22, 2014
2012.12.01
Q&A: Domestic Proceedings Law and Practices of Lawyers
2012.06.01
New Edition: Commentaries on the Unfair Competition Prevention Act (Vols. 1 and 2)
2011.10.01
Latest Court Precedents on Intellectual Property: - Focusing on court precedents without commentaries yet – in commemoration of the 60th birthday of Shunji Miyama, Esq., and Nobuo Matsumura, Esq.
2010.10.01
Philippines – Republic of the Philippines
2010.10.01
Intellectual Property Systems in Asian Countries – in commemoration of the 70th birthday of Kazunori Yamagami, Esq.
2009.10.01
Exercise Book for Law Schools: Intellectual Property Law
2009.10.01
Exclusive License Agreement and Its Termination
2008.04.25
Liability of Patent Owner who Sought Provisional Disposition under a Patent that Subsequently Became Invalid
2007.06.25
Theory and Practice of Intellectual Property Contracts
2006.06.01
Enforcement of Intellectual Property Rights in Asian Countries – Comparison of Asia/Pacific Legal Systems: Series 4
2005.01.01
Treatment of Abused Children – Mental Health, Medical Treatment, Legislative Response and Support
2004.06.01
Digital Content Law Vol. 1
2003.07.01
Current Status and Prospects of Enforcement of Intellectual Property Rights in Asian Countries
2003.03.01
Symposium: Current Status and Issues in the IP Legal System and its Enforcement in Asian Countries
2003.02.26
An Easy-to-Understand Approach to the Companies Act
2002.04.01
Imitation of Product Forms under the Unfair Competition Prevention Law
1999.08.05
Corporate Alliance and Restructuring with Shareholders Agreement
1990.11.01
Rights of Students

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2024.09.27
Some Legal Issues Concerning the Use of Copyrighted Works in the Development and Learning Phases of Generative AI
2024.04.20
Judgment in Which the Court Determined Whether or Not the Relevant Act Constitutes an Indirect Infringement by a Non-Exclusive Article (Item 2, Article 101 of the Patent Act) Pertaining to Invention of a Product- Requirements for Indirect Infringement by Non-Exclusive Article -
2023.04.03
Avatarization of Celebrities and Contractual Practices in the Metaverse
2022.06.24
Legal Protection of Big Data in Japan
2022.02.17
NFT Mechanism and Legal Issues of NFT Transactions

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2024.09.27
Some Legal Issues Concerning the Use of Copyrighted Works in the Development and Learning Phases of Generative AI
2024.05.01
Legal Issues Related to Generative AI
2024.04.20
Judgment in Which the Court Determined Whether or Not the Relevant Act Constitutes an Indirect Infringement by a Non-Exclusive Article (Item 2, Article 101 of the Patent Act) Pertaining to Invention of a Product- Requirements for Indirect Infringement by Non-Exclusive Article -
2024.04.10
Foreign Filling Restrictions of Major Countries －Mechanisms to Restrict Foreign Filing of Sensitive Inventions－
2023.11.20
Inventions Made Across Boarders and the Attachment Foreign Filling Restrictions: Conflicts in the Restrictions and How They Are Handled
2023.08.24
Thematic-based: Legal Practice in the Healthcare Business
2023.05.20
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2023.04.03
Avatarization of Celebrities and Contractual Practices in the Metaverse
2023.02.28
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2022.12.16
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2022.10.03
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2022.07.15
The Intellectual Property and Antitrust Review 7th edition Japan Part
2022.05.18
Japan M&A - Key Intellectual Property Issues in M&A Transactions -
2022.03.11
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2022.03.01
Summary of Countermeasures for Counterfeit Products in the US
2022.02.17
NFT Mechanism and Legal Issues of NFT Transactions
2022.02.14
A study of the secret patent systems of various countries, and the introduction of the same system in Japan (No.1)
2022.02.04
A Case in Which the Applicability of Article 3, Paragraph 1, Item 3 of the Trademark Act was Disputed with Respect to the Trademark “VEGAS” (Intellectual Property Newsletter (2022 February Issue))
2022.01.12
Subject Matter of License and “Implied License” under Patent License Agreements Written in English
2021.12.23
Latest Developments in the Japanese Patent Practice
2021.12.01
A Detailed Explanation of Economic Partnership Agreements
2021.10.01
Obligation to Conclude Multilateral Treaties in the Field of Intellectual Property through FTA/EPA - Efforts to Strengthen Protection of Rights and to Achieve International Harmonization of Systems -
2021.08.05
A Case in Which a Court Admission Rendered in the First Trial was Overturned upon Considering Issues of Conventional Technology and Revising Judgment Based on the Fulfillment Theory (Intellectual Property Newsletter (2021 August Issue))
2021.07.15
The Intellectual Property and Antitrust Review 6th edition Japan Part
2021.05.07
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2021.05.01
Japan M&A - Key Intellectual Property Issues in M&A Transactions -
2021.03.31
Protection of Geographical Indications under the TPP and Japan-EU Economic Partnership Agreement (EPA)
2021.03.05
A Case Involving a Dispute Over Similarity of Trademarks and Other Matters Related to Services Supporting Job Seeking Activities by Currently Unemployed Recent Graduates with Work Experience (Intellectual Property Newsletter (2021 March Issue))
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2021 Book Guide for Legal Affairs "Updates to Common Business Sense in Response to Changes in the Social Environment" -Business Law Journal, February 2021 Issue
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How to Proceed with Joint Research and Development and Legal Points to Note therein（Chapter 4: Section 1 "Points on Patent License Agreement and Way of thinking on Provisions"）
2020.07.01
The Intellectual Property and Antitrust Review 5th edition Japan Part
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The Act on Special Measures for Productivity Improvement (Part 2) - Outline of the System to Facilitate Data Sharing and Collaboration
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The Compass for Intellectual Property Law - The Supreme Court Ruled on a Re-defense based on a Correction of Claims against a Patent Invalidity Defense in a Patent Infringement Case
2018.03.01
IP Laws of the Philippines
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Q&A on the Actual Practice of Employee Inventions (Keiso’s Law and Practice Series)(co-author)
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JAPAN Section/Protection and Disclosure of Trade Secrets and Know-How
2015.03.01
Handbook on Joint Research and Development Agreement
2015.02.01
Reading of U.S. Supreme Court Cases: Commentary on Intellectual Property and Business Cases in the 21st Century
2010.09.01
Intellectual Property Commitments in Japan's Economic Partnership Agreements (EPAs)
2010.01.01
Negotiations regarding Intellectual Property in Economic Partnership Agreements (EPAs), [1] - [9]
2007.05.01
Commentary on FTA/EPA Negotiations

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Other publications about Intellectual Property Dispute Resolution

2024.05.01
Legal Issues Related to Generative AI
2024.04.20
Judgment in Which the Court Determined Whether or Not the Relevant Act Constitutes an Indirect Infringement by a Non-Exclusive Article (Item 2, Article 101 of the Patent Act) Pertaining to Invention of a Product- Requirements for Indirect Infringement by Non-Exclusive Article -
2023.08.24
Thematic-based: Legal Practice in the Healthcare Business
2023.02.28
National Comparison Tables - Japan part
2022.03.01
Summary of Countermeasures for Counterfeit Products in the US
2022.02.04
A Case in Which the Applicability of Article 3, Paragraph 1, Item 3 of the Trademark Act was Disputed with Respect to the Trademark “VEGAS” (Intellectual Property Newsletter (2022 February Issue))
2021.12.01
A Detailed Explanation of Economic Partnership Agreements
2021.08.05
A Case in Which a Court Admission Rendered in the First Trial was Overturned upon Considering Issues of Conventional Technology and Revising Judgment Based on the Fulfillment Theory (Intellectual Property Newsletter (2021 August Issue))
2021.05.07
A Case in Which the Japan Patent Office and the Court Reached Different Decisions Regarding Similarity in the Inventive Step of Two Inventions (Intellectual Property Newsletter (2021 May Issue))
2021.04.01
Patent Enforcement Practices Before, During and After Patent Litigation Proceedings in Japan – A Comparative Analysis with Germany and the United States –
2021.03.05
A Case Involving a Dispute Over Similarity of Trademarks and Other Matters Related to Services Supporting Job Seeking Activities by Currently Unemployed Recent Graduates with Work Experience (Intellectual Property Newsletter (2021 March Issue))
2021.01.26
Intellectual Property Newsletter (Digest version) (2021 Winter Issue) Key Points in Reading Case Reports
2021.01.01
The Ways of Limiting Injunctive Relief in Patent Infringement Litigation and their Effects – Current Japanese Practices and Suggestions for their Future Improvements, based on the Recent Trends in Germany and the United States –
2019.01.01
Business and IP commitments in Economic Partnership Agreements (EPAs)
2018.03.21
The Compass for Intellectual Property Law - The Supreme Court Ruled on a Re-defense based on a Correction of Claims against a Patent Invalidity Defense in a Patent Infringement Case
2018.03.01
IP Laws of the Philippines
2018.02.19
Q&A on the Actual Practice of Employee Inventions (Keiso’s Law and Practice Series)(co-author)
2015.02.01
Reading of U.S. Supreme Court Cases: Commentary on Intellectual Property and Business Cases in the 21st Century
2007.05.01
Commentary on FTA/EPA Negotiations
2006.04.01
Guide to International Legal Practice (1) to (11)

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