Juridisch secretaresse Banking

China's new AI Judicial Guidance: key IP takeaways for businesses. On 7 September 2026, China's Supreme People's Court (SPC) took a significant step in shaping the legal landscape for artificial intelligence by issuing its Opinions of the Supreme People's Court on the Lawful Adjudication of Disputes Involving Artificial Intelligence (AI) (《最高人民法院关于依法审理涉人工智能纠纷案件的意见》) (the "Opinions"). Spanning 24 articles, the Opinions addresses a broad spectrum of AI-related legal issues - from personality rights, personal information, and intellectual property (IP) to consumer protection, autonomous and assisted driving systems, and AI's role in judicial proceedings. Below, LexBlog, Inc. examine the key IP provisions specified under Part Three of the Opinions and their implications for businesses. Key IP Provisions Allocating Liability for AI-Driven IP Infringement (Article 12) This article establishes a framework for addressing AI-related copyright infringement. Where AI-generated content infringes a third party's copyright, courts are directed to weigh a multi-factor analysis to allocate liability among developers, providers, and users. Relevant considerations include the type of AI service, industry characteristics, the source of training data, each party's degree of involvement, the safeguards in place, and profits derived. Parties who use AI to commit infringement, counterfeiting, false advertising, fraudulent transactions, or other acts that violate third-party rights or constitute unfair competition will bear corresponding legal responsibility. Navigating Liability in the Open-Source Ecosystem (Article 13) This article sets out how courts should allocate liability among open-source developers, providers, and downstream participants. Factors include the licence type, rights restrictions, security compliance, and disclosure practices - with appropriate exemptions available under the law. Notably, contributors who release code modules for free with clear documentation of functions and security risks may avoid infringement liability altogether, offering reassurance for open-source innovation. Patenting AI-Assisted Inventions (Article 14) This article stipulates that AI-related inventions are patentable if they use technical means to solve technical problems and produce technical effects - subject to public policy limits and provided a natural person makes a substantial contribution. AI-assisted inventions remain attributable to a human inventor where that person has made a substantive creative contribution. An AI-related patent will satisfy the disclosure requirement if a skilled person can realise the invention from the specification. Breach of Contract in AI Technology Deals (Article 15) This article discusses how courts will resolve disputes arising from AI technology development, transfer, licensing, consulting, and service agreements. In determining liability for breach of contract, courts will consider not only the contractual terms but also the unique characteristics of AI research and development, including whether the technology developer has made reasonable efforts and any other relevant circumstances. Regulate the use of AI data (Article 16) This article confirms that AI developers may enjoy legal protection for data and datasets acquired or generated through collection, creation, transfer, or licensing. Depending on their nature, such data may be protected under the Copyright Law as compilations, under the Anti-Unfair Competition Law as trade secrets, or through general unfair competition principles. The article also provides that parties may incur liability for anticompetitive conduct involving data or algorithms, as well as for using fabricated or manipulated data, malicious data annotation, or adversarial attacks that compromise the security or operation of AI systems. For a more detailed commentary and analysis of each Article in the Opinions, please refer to China's Supreme People's Court Issues Landmark AI Judicial Guidance - Part 1 and Part 2, articles prepared by Shanghai Pacific Legal. Norton Rose Fulbright and Shanghai Pacific Legal have established a Joint Operation in the China (Shanghai) Pilot Free Trade Zone, which allows the two firms to deliver coordinated and seamless international and domestic law services, where PRC law is involved. Practical Implications The Opinions provides useful guidance for businesses across the AI value chain, including AI developers, technology providers, brand owners, copyright holders, and users of AI systems. By clarifying liability allocation, inventorship criteria, and data protection standards, the Opinions helps stakeholders navigate an increasingly complex regulatory environment. At its core, the Opinions reinforces the need for robust AI governance. Rights holders now have clearer avenues to pursue claims against developers, providers, or users involved in AI-related infringement - strengthening enforcement options where AI-generated content crosses legal boundaries. For their part, AI developers and providers should maintain meticulous records of training data sources, licences, and compliance measures, which may prove critical in defending against infringement claims. Businesses seeking patent protection for AI-assisted inventions will need to document meaningful human contributions to satisfy inventorship requirements. Open-source contributors, meanwhile, can take comfort in the liability exemptions available for properly documented code modules. The takeaway - carefully drafted AI technology agreements and sound data governance practices will be essential to managing contractual, IP, and regulatory exposure.

Norton Rose Fulbright earns four LatinFinance 2026 project finance awards. Norton Rose Fulbright has won four awards at LatinFinance's 2026 Project and Infrastructure Finance Awards for its work on major transactions across Latin America, spanning biofuels, critical minerals, mining and sovereign green financing in Brazil, Argentina and Ecuador. The recognized projects, which included teams led out of the firm's São Paulo, London and Washington, DC offices, include: Loan of the Year: Rincón lithium brine project. The firm represented a group of international lenders in a US$1.175 billion financing package supporting the development of Rio Tinto's Rincón lithium brine project in Salta Province, Argentina. With an estimated total investment of US$2.5 billion, the project is expected to produce approximately 60,000 tonnes of battery-grade lithium carbonate annually once operational. Mining Deal of the Year: Serra Verde rare earth mine financing. The firm acted as English and Canadian counsel on the US$565 million rare earth mine financing for Serra Verde, provided by the US International Development Finance Corporation. The transaction refinanced existing loan facilities on more favorable terms and supports the expansion and optimization of the company's Brazilian operations, with production expected to increase to 6,500 tonnes of total rare earth oxide by the end of 2027. Infrastructure deal of the year, Brazil: Acelen Industrial S.A. biofuels complex. The firm advised Acelen Industrial S.A. on project development aspects of a biofuels complex in Bahia, Brazil, that will produce renewable diesel and sustainable aviation fuel, including the equipment procurement agreement and guarantee agreement with UOP LLC and certain components of the broader US$1.5 billion financing package involving development banks, commercial lenders and local debentures. Social Infrastructure Deal of the Year: The Republic of Ecuador sovereign social and green financing. The firm represented the Inter-American Development Bank in connection with the issuance of a US$250 million partial credit guarantee supporting a US$500 million syndicated term loan facility to the Republic of Ecuador for the financing of eligible social and green projects under the Republic's Sovereign Financing Framework for Affordable and Resilient Housing. The New York law-governed transaction was structured to comply with the Social Loan Principles and Green Loan Principles, with Goldman Sachs and Banco Santander acting as lenders. Honorable mention - Pernambuco water and wastewater concession project. The firm received an honorable mention for its role as New York counsel to the BRK Ambiental/Acciona joint venture, as borrower, and its sponsors in connection with the financing of Lot 2 of the Pernambuco water and wastewater concession project. The transaction included a US$369 million senior secured term loan facility and a US$411 million blue bond debenture issuance. Norton Rose Fulbright's projects practice is one of the largest in the world, with more than 350 lawyers collaborating across a global team on some of today's most innovative, complex and challenging matters. The firm is ranked as a top global projects legal advisor by volume, with deals valued at more than US$90 billion in aggregate last year (IJGlobal, Q1-Q4, 2025). Practice areas: Industries: