The emergence of DeepSeek has made the just passed Spring Festival holiday exceptionally lively. Please help me write a poem about the Spring Festival theme "" Please write a New Year's greeting "... Many netizens have experienced the" understand you "and" be capable "of generative artificial intelligence through conversations with DeepSeek. Like a giant rock thrown into the center of a lake, DeepSeek, a startup company, focuses on the world's attention with its open-source model DeepSeeker R1. DeepSeek has reached the top level in terms of knowledge Q&A, long text processing, code generation and mathematical ability, and achieved breakthroughs in China's AI technology. The open source model has a profound impact on the global AI industry pattern. This is a vivid manifestation of China's innovation moving towards a new direction and the surging vitality of innovation. "Take 2024 as an example, the innovation and creativity of the whole society continue to burst." Hu Wenhui, Deputy Director of the China National Intellectual Property Administration, said that by the end of 2024, the effective number of domestic invention patents and effective trademark registrations had increased by 16.3% and 8.1% respectively year on year. Among them, the number of domestic high-value invention patents reached 1.978 million, a year-on-year increase of 18.8%. The continuous emergence of innovative achievements provides strong support for cultivating and developing new quality productive forces. Policy support has led to significant progress in domestic AI models, and the popularity of DeepSeek has caused a huge sensation not only in China, but also in the United States across the ocean. On January 27th, the DeepSeek app topped the free app download chart on Apple's US App Store, surpassing ChatGPT on the US download chart. On the same day, the free list of Apple's China App Store showed that DeepSeek became the first in China. The domestic AI big models have made significant progress in innovative technology and architecture, injecting new vitality into the development of the global AI field Zhang Shiyun, Secretary and Director of the Science and Technology Information Research Institute of Beijing Academy of Science and Technology, commented. DeepSeek's breakthrough was not accidental. The "Trends Report on Generative Artificial Intelligence Patents" released by the World Intellectual Property Organization (WIPO) in 2024 shows that between 2003 and 2023, a total of 54000 patents for generative artificial intelligence inventions were filed worldwide, with over 25% of them filed in 2023. Chinese inventors have applied for the largest number of generative artificial intelligence patents in the world, and have also published the most related scientific papers. According to statistics, as of December 31, 2024, a total of 302 generative artificial intelligence services in China have been registered with the cyberspace administration, of which 238 were newly added in 2024. In continuous iterative updates, some products have achieved partial capabilities beyond ChatGPT. Behind success, strong policy support is indispensable. As early as 2017, the State Council issued the Development Plan for the New Generation of Artificial Intelligence (hereinafter referred to as the Plan), which proposed the guiding ideology, strategic objectives, key tasks and safeguard measures for the development of China's new generation of artificial intelligence in 2030, and deployed and built the first mover advantage of China's artificial intelligence development. The "14th Five Year Plan for the Development of Digital Economy" issued by the State Council in 2021 repeatedly mentions "artificial intelligence", involving efficient layout of artificial intelligence infrastructure, enhancement of key technological innovation capabilities, and other aspects. Localities are also actively following up, for example, Beijing, Shanghai, Shenzhen and other places have launched special policies such as computing power subsidies and data openness. Real money and silver have flooded into this field with policy support. On January 17th, the National Artificial Intelligence Industry Investment Fund Partnership Enterprise (Limited Partnership) "AI Industry Investment Fund" was officially established, with a total investment of up to 60.06 billion yuan. This fund is jointly established by Guozhi Investment (Shanghai) Private Equity Fund Management Co., Ltd. and National Integrated Circuit Industry Investment Fund Phase III Co., Ltd. (also known as Big Fund Phase III). The investors of the third phase of the Big Fund include the Ministry of Finance, several state-owned banks, and central enterprises, with a luxurious lineup. Previously, the "Plan" clearly emphasized the need to fully utilize existing resources such as funds and bases, give full play to the role of fiscal guidance and market leadership, and form a pattern of multi-party support for the development of the new generation of artificial intelligence from fiscal, financial, and social capital. From data resources to application scenarios, from policy support to talent reserves, China has demonstrated unprecedented integration capabilities and leading visions in promoting the landing of AI technology Zhang Shiyun said. The intellectual property field has become the forefront of conflicts, and laws always lag behind reality. When the speed of technological iteration far exceeds the ability of institutional adaptation, the field of intellectual property inevitably becomes the forefront of conflict. Large models require feeding massive amounts of text, images, code, and other data, but the legitimacy of the data sources has been repeatedly questioned. In April 2024, the "First Case of Artificial Intelligence Wensheng Video Infringement" was reviewed and filed by the Beijing Internet Court. The plaintiff Chen's "Wensheng Video" work created using artificial intelligence tools was "proofread" by others and published under the name of originality. Chen filed a civil infringement lawsuit on the grounds that the other party infringed his own copyright. In this case, many issues have been raised and become the focus of controversy, such as whether the "fair use" clause under copyright law can cover AI training? Under current law, AI companies often argue with "transformative use" and "non-commercial purposes". Can this be done? In fact, this is also a common problem encountered in such cases. Due to the complexity of the case, the outcome cannot be generalized. For example, if a financial analysis article generated by AI writing assistant of an Internet company was reprinted by multiple media without identifying the source, the company sued for copyright infringement. The court ultimately determined that "AI generated content does not constitute a work" due to its "lack of human intellectual originality". Recently, the Donghu High tech Zone Court in Wuhan, Hubei Province, concluded a copyright dispute case involving "infringement of AI generated images". The court believes that the accused images generated by the plaintiff Wang using AIGC software are no different from the photos and paintings that people usually see, and obviously belong to the field of art, with certain forms of expression, and are protected by copyright law. The court has determined at its discretion that Wuhan Technology Co., Ltd. shall compensate Wang for economic losses and reasonable expenses of 4000 yuan. To promote the innovative development of the AI industry and safeguard human creativity, the two ends of the seesaw need to be balanced. Professor Zhang Ping from Peking University Law School believes that the personalized elements reflected in the AI generated content, the contribution of creators' participation and investment, and the selection of creative elements in each case are not the same and cannot be generalized. Only when the generated content can meet the "touchstone" of the work - the criterion of originality judgment, and meet the requirements of copyright of the work, can it be protected by copyright law. The impact of artificial intelligence goes beyond copyright. "Hello, I saw a report that counted the data of current AI patents in China, and wanted to further understand how the Intellectual Property Office identifies whether a patent is an AI patent... Has the China National Intellectual Property Administration used similar methods in patent identification, or plans to develop similar models?" In an interactive column on the website of the China National Intellectual Property Administration, netizens expressed such doubts in October 2024. When identifying patents in specific technological fields such as artificial intelligence, the IPC classification number is often an important reference factor. At present, the classification work of the China National Intellectual Property Administration mainly depends on the manual completion of the classifiers. " The China National Intellectual Property Administration replied that the patent text semantic retrieval model is still under study. At the 2025 meeting of the directors of the National Intellectual Property Office held recently, Shen Changyu, the director of the China National Intellectual Property Administration, said that in 2025, we should steadily promote the application of multimodal large model technology in the review work and improve the intelligent level of the review work. In addition, the platform data crawling boundary is blurred. The competition for data among major factories is becoming increasingly fierce. In 2023, a certain e-commerce platform sued a competitor for "illegally crawling user review data" and claimed 500 million yuan in compensation. Although the Anti Unfair Competition Law provides certain regulatory basis, there is still a legal vacuum regarding the ownership of data property rights and the legality of crawling technology. China's current legal system is addressing AI challenges through a "patching" approach to safeguard innovation and respond to challenges. The revised Copyright Law of 2020 specifies that works must be "achievements of human intelligence"; In 2023, the Interim Measures for the Management of Generative Artificial Intelligence Services issued by seven departments, including the National Internet Information Office, requires that training data be "from legitimate sources" and not infringe intellectual property rights; In addition, regulations such as the Data Security Law and the Personal Information Protection Law have established data classification and grading, as well as the principle of informed consent. However, further clarification is needed on the rules for data flow between enterprises. At the end of 2024, the China National Intellectual Property Administration publicly released the Guidelines for Patent Applications for Inventions Related to Artificial Intelligence, which clarifies that artificial intelligence is not a civil subject specified in the Civil Code, cannot enjoy intellectual property rights according to law, and cannot be an inventor at present. In January of this year, the Shenzhen Intellectual Property Protection Center released the "Guidelines for Patent Layout and Application in the Field of Artificial Intelligence (AI)", which is the first AI related guideline among national intellectual property protection centers. It aims to effectively strengthen the protection of intellectual property in the field of AI, promote the high-quality development and high-level application of AI in all fields. Judicial practice presents the characteristic of "case exploration". For example, in a case in 2024, the Pudong Court in Shanghai introduced the "contribution test method" to determine whether a work is constituted based on the degree of human participation in prompt word design and result screening; The Beijing Internet Court tried to bring AI generated content into the scope of neighboring right protection. The rise of DeepSeeks confirms China's qualitative change in the AI race from "following" to "running in parallel". Obviously, China has the opportunity to contribute a new solution that combines technological sharpness and institutional warmth to the world, finding the common denominator between code and law that drives civilization progress. (New Society)