CWR > Volume 7(1); 2021 > Review Article
Research Paper
Published online: March 1, 2021

Artificial Intelligence Cases in China: Feilin v. Baidu and Tencent Shenzhen v. Shanghai Yingxin

Ju Yoen Lee
Hanyang University School of Law
Hanyang University School of Law, 222 Wangsimri-ro, Seongdong-gu, Seoul 04763 Korea.
Corresponding Author: rosa729@

ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License ( which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.


In 2019, two court rulings in China on the issue of copyrightability of AI creations received international attention. It was reported that in Feilin v. Baidu, known as the first AI case, the Beijing Internet Court denied copyright of AI creations, whereas the Shenzhen Nanshan District People’s Court acknowledged copyright of AI creations in the Tencent Dreamwriter case. The two cases, however, were quite similar, as they acknowledged copyright of AIassisted, not AI-generated, written works and recognized these works as a work of a legal entity. The difference between the two judgments is that the Beijing Internet Court regarded originality as an independent requirement and judged it according to the objective standard, whereas the Shenzhen Nanshan District People’s Court regarded human creation as part of the requirement of originality. In this sense, it was the Beijing Internet Court that actually made the more favorable judgment on an AI-generated work.

Keywords : AI, Feilin v. Baidu, Tencent Shenzhen v. Shanghai Yingxin, Beijing Internet Court, Shenzhen Nanshan District People’s Court

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