The Application of AI in Case Trials: With Chinese IP Law as an Example

Abstract

—As technology evolves, artificial intelligence has been applied to various fields and law is no exception. Intellectual property law is a representative realm. As Chinese companies continue to innovate and become more aware of intellectual property protection, the number of intellectual property cases has shown a significant increment in recent years. In order to strengthen the trust of enterprises in the national legal system, China has assigned considerable judicial resources to intellectual property law cases. However, with the rapid development of artificial intelligence technology, the implementation of continual learning combined with the characteristics of intellectual property law cases has made it possible for artificial intelligence to support the trial of intellectual property law disputes. This paper shows the logical and technological basis of the artificial intelligence system in assisting the trial by simulating the procedure of a real-world case trial, which is highly similar to the logic framework of human judges and reasonably processed. And the surge of intellectual property cases in recent years might be able to provide some support for the construction of real and sufficient legal data base. Concerns related to black box, algorithm errors and discrimination are coincidently raised up by many scholars, exposing thorny but possibly solvable challenges of applying artificial intelligence in case trials. Meanwhile, the application of AI in the judicial field is restrained and regulated by the ethical system to ensure the standardized and orderly development of AI in the judicial field.