Intellectual Property Protection for Generative AI-Created Works: Challenges and Countermeasures in Administrative Penalty Discretionary Benchmarks

Abstract

With the rapid advancement of generative artificial intelligence (AI) technology, the intellectual property protection of its creations has become a critical issue, wherein administrative penalty discretionary benchmarks play a pivotal role. Current benchmarks face challenges including ambiguous conceptual definitions, high subjectivity, lack of dynamic adaptability, and insufficient transparency. Drawing upon relevant legal principles and theories, this paper proposes countermeasures such as establishing clear formulation principles, enhancing scientific objectivity, strengthening dynamic adaptability, and improving transparency. These aim to refine administrative penalty discretion benchmarks, thereby providing robust support for the intellectual property protection of generative AI creations and promoting the healthy and orderly development of AI technology.