China: [IP & CULTURE] ChatGPT3, Tell Me Something About IP!

You might have heard about a revolutionary tool called ChatGPT3. We have also heard about it and we were curious to try it with something relating to Intellectual Property and China.

ChatGPT3, officially called OpenAI's GPT-3 or Generative Pre-trained Transformer 3, is a state-of-the-art language processing AI model developed by OpenAI. GPT-3 is capable of generating human-like text, performing various language tasks such as translation, summarization, and question-answering, among others, with remarkable accuracy and fluency.

This tool it's said to have the potential to change the way we write. With its advanced natural language processing capabilities and vast knowledge base, GPT-3 can greatly automate certain aspects of writing.

However, it's important to note that while GPT-3 can produce human-like text, it lacks the creativity, subjective experience, and cultural context that make writing truly unique. So, while it may streamline certain tasks, it's unlikely to completely replace the need for human writers.

We tested ChatGPT by asking it some easy questions, then some slightly more complex ones, regarding basic intellectual property topics in China.

Reading the answers provided by ChatGPT3, Fabio Giacopello, senior partner at HFG, commented: "These answers are good for those searching a quick and preliminary reply. Instead of reading through the first 3-5 results of Google search engine, the reader can enjoy a decent half page summary of those natural results".

Below the conversation we had with ChatGPT3.

Q.: How to register a trademark in China?

ChatGPT3: To register a trademark in China, the following steps can be taken:

1. Conduct a trademark search: Before applying, it is advisable to check if the trademark is already registered or if there are similar trademarks.

2. File an application: Submit the trademark application to the China National Intellectual Property Administration (CNIPA) or its local branches. The application should include the trademark logo, a clear description of the goods or services, and the applicant's information.

3. Examination: CNIPA will conduct a formal examination of the trademark application to assess its registrability. This may take several months.

4. Publication: If the trademark is approved, it will be published in the CNIPA's Trademark Gazette for opposition purposes. If no opposition is received within a specified time frame, the trademark will proceed to registration.

5. Registration: Once registered, the trademark is protected for 10 years and can be renewed indefinitely every 10 years.

Note: It is advisable to consult a trademark attorney in China to assist with the application process and ensure the trademark is properly protected.

(Well, this is quite wise for a machine: ChatGPT3 adds a note with a disclaimer/suggestion for a successful registration).

Q.: Which comes first, the trademark or the search?

ChatGPT3: It's a good practice to conduct a trademark search before adopting and using a new trademark. A trademark search helps determine if there are any existing trademarks that may conflict with your proposed trademark, and it can also provide information on the registrability and enforceability of the proposed trademark. Filing a trademark application and registering a trademark can be a lengthy and costly process, so conducting a search first can help avoid wasting time and resources on a trademark that may not be eligible for registration.

(The topic can be a bit more complex: see our article here).

Q.: How to make a raid action for trademark infringement in China?

ChatGPT3: To make a raid action for trademark infringement in China, the following steps can be taken:

1. Gather evidence: Collect evidence of the trademark infringement, such as photographs, invoices, and advertisements.

2. Notify the local authorities: Contact the local Administration for Industry and Commerce (AIC) or Market Supervision Administration (MSA) and provide them with the evidence of the trademark infringement.

3. Obtain a raid order: The AIC or MSA may issue a raid order to conduct a raid on the infringing location.

4. Conduct the raid: The raid is carried out by the AIC or MSA in conjunction with local police. The infringing goods and relevant evidence will be seized.

5. Follow up with the authorities: Work with the AIC or MSA to follow up on the raid action and ensure that the infringing goods are destroyed, and the infringer is punished according to the law.

Note: It is advisable to consult a trademark attorney in China to assist with the raid action and ensure that it is carried out effectively and efficiently.

Q;: How to identify the right subclass for trademark filing in China?

ChatGPT3: To identify the right subclass for trademark filing in China, you should consider the following factors:

1. International Classification of Goods and Services (Nice Classification): China uses the Nice Classification to categorize goods and services into specific classes and subclasses. Familiarize yourself with the classification system to determine the appropriate subclass for your trademark.

2. Nature of your goods or services: The subclass should accurately reflect the nature of your goods or services. The subclass should be as specific as possible, without being too broad or too narrow.

3. Similar trademarks: Search for similar trademarks to ensure that your trademark does not conflict with existing trademarks in the same subclass.

4. Government regulations: Some goods or services may be subject to government regulations, so it is important to check if there are any restrictions or limitations on trademark registration in the relevant subclass.

5. Consult a trademark attorney: If you are unsure about the appropriate subclass for your trademark, it is advisable to consult a trademark attorney who can guide you through the classification process.

Note: Filing in the wrong subclass can result in a rejected trademark application, so it is important to take the time to identify the right subclass for your trademark.

(Here, to be honest, we would have expected a simple, easy answer: Just try X-Class and you can't be wrong. But... we are humans, and we can still beat machines).

Conclusions

OpenAI's GPT-3 cannot answer all questions correctly. While it has been trained on a large corpus of text from the internet and has a vast knowledge base, it's not perfect and can still make mistakes or provide incorrect information.

GPT-3 operates based on statistical probabilities, so it generates responses based on patterns it has observed in the data it was trained on. However, this means that it may produce responses that are inconsistent, biased, or simply incorrect.

Additionally, GPT-3 has some limitations in understanding context, common sense knowledge, and the nuances of language, so it may not always provide the correct answer even when it has the correct information.

In conclusion, while GPT-3 is a powerful tool for generating text and answering questions, it should not be relied on as a sole source of information and it's always important to verify its answers before using them.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.