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Legal Risks of Generating AI and Practical Points for Utilization

  • External Seminars

Legal Risks of Generating AI and Practical Points for Utilization

September 14, 2023

Gai Matsushita will present a lecture entitled, “Legal Risks of Generating AI and Practical Points for Utilization” on Thursday, September 14, 2023, hosted by BUSINESS LAWYERS.

■ Seminar Details

1. Status of the Debate on Generative AI
1-1 What is Generative AI?
1-2 Why Generative AI?
1-3 Regulatory Trends on Generative AI
1-4 Perspectives of Legal Analysis on Generative AI

2. AI Development and Learning Stage (In the Case of In-house Development)
2-1 Considerations for AI Development and Learning Stage
2-2 Handling of IP-Related Data
2-3 Handling of Personality Rights-Related Data
2-4 Handling of Personal Data
2-5 Handling of Contractually Restricted Data

3. AI Development/Learning Stage (When Multiple Businesses are Involved)
3-1 Outsourcing AI Development
3-2 Use of Another Party's Infrastructure Model

4. Generation/Use Stage (Service User's Perspective)
4-1 Considerations from the Service User's Perspective
4-2 Handling of Inputs
4-3 Infringement by AI Products
4-4 Internal Guidelines

5. Generation/Use Stage (Service Provider's Perspective)
5-1 Considerations from the Service Provider's Perspective
5-2 Limitation of Liability
5-3 Handling of Inputs/AI Products
5-4 Prohibitions
5-5 Infringement by Users


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Gai handles a wide variety of IP related disputes including IP infringement litigation and trials as well as non-contentious matters including drafting and reviewing IP related agreements. With an engineering background, Gai has particular expertise in patent related matters but is also adept at handling copyrights, trademarks and trade secrets. 

Gai also advises tech ventures and startups on cutting-edge technological matters involving AI, IoT and data including data privacy. Gai served as a member of the team that drafted the “Contract Guidelines on the Utilization of AI and Data,” Japan’s first comprehensive guidelines on AI and data related contracts published by the Japanese Government in June 2018. His strength in technology related matters is widely acknowledged by clients: “Gai Matsushita is particularly experienced in the technical field while having a deep knowledge of law, he is an excellent lawyer who leads his client in the right direction” (Legal 500 Asia Pacific 2020).

Gai is active in the field of international dispute resolution. Based on his experience working at leading firms in Singapore and New York, Gai has represented clients in several international commercial arbitration cases seated outside of Japan and in arbitration related domestic procedures including applications for provisional dispositions in Japan.