[International Briefing] JP

 

 

 JP

 Japan Photographers Association expresses concerns regarding photography and generative AI images

 

On August 23, 2023, the Japan Photographers' Association (日本写真家協会), a public interest corporation, expressed concerns regarding photos taken with cameras and generative artificial intelligence (AI) images.

Currently, while the advancement/distribution, and use of generative AI technology is attracting great social attention, it is difficult to distinguish between photos taken with a camera and generative AI images.

Generative AI images can create images without using professional technology, which has led to social problems like spreading fake images. Due to the rapid evolution of technology, the maintenance of social rules has not been able to keep up with the evolution of technology. 

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The Japan Photographers Association states that it is concerned about the following issues from the perspective of photography experts.

  (1) Distinction between photos and generative AI images

A subject is needed to take a photo, but generative AI images that do not directly require a subject are presumed to be similar to illustrations or collages, so although photos and generative AI images look the same on the surface, they can be completely different in reality.

With the emergence of technology that can automatically combine one's own photos with other people's copyrighted works using only verbal instructions, it is necessary to consider the expressiveness and authorship of photos created and processed using AI, Furthermore, reexamination and discussion of various situations are needed including the entry rules for photo contests, etc.

(2) The need to revise the Copyright Act following the emergence of generative AI

An image created by generative AI can be presumed to be equivalent to ‘creating a secondary work’1) in that it creates a new image based on the original work. However, there is a problem that it is impossible to determine what the original work is, and this can act as a serious crisis for the author. Therefore, for secondary works created using generative AI, the 'author's name or source of the original work' is required. Also, there is a need to consider establishing an obligation to specify the user name (secondary author name). It is necessary to consider revisions such as reexamining 'Article 30-4'2) of the Japanese Copyright Act, which partially legalizes the recording and reproduction of copyrighted works by platforms, or imposing an obligation to establish a system to find and display original works used in generated AI images on platforms, etc.

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1) In the original text, it is also expressed as an adaptation.

2) Through the revision of the Copyright Act in 2018, Japan has changed the provisions of Article 30-4 of the Copyright Act (Use other than the purpose of enjoyment of the thoughts or emotions expressed in the work) to allow the enjoyment of the thoughts or emotions expressed in other people's works by oneself or to others. It is stipulated that if the purpose is not to allow others to enjoy it, it can be used in any way to the extent deemed necessary.

 

 

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Microbiome, a microorganism that creates health

 

It’s known that about 40 trillion microorganisms exist in our body. In other words, much more microorganisms live in our body than the cells that make up our body. The fact that there are so many microorganisms living in our bodies is proof that they play an important role in our bodies. Recently, research and technology development of ‘microbiome’ using such a large number of microorganisms is active. Today, we will learn about microbiome, a microorganism that opens a new future for health and beauty.

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Germs as medicine, a microbiome,

Microbiome, a term that combines microorganisms and ecosystems refers to microorganisms living in the human body or their genetic information, and is called the ‘second genome’. The microbiome can analyze the relationship between the principle of production of beneficial and harmful bacteria and diseases, and is widely used in recent drug development and research on treatments for incurable diseases. We can say that it is a germ that becomes a medicine.

The microbiome that unlocks the secrets of my health,

The field in which the microbiome is most actively researched is the health and medical industries. The microbiome is the ‘first genome’, which is a collection of various microorganisms such as bacteria and viruses in the body, and plays a very important function in promoting health and treating diseases. In fact, many pharmaceutical companies, universities, and medical research institutes are working hard on technology research and patent filing using the microbiome.

Let's take a look at the technology Korea's CJ Bioscience has been developing,

CJ Bioscience paid attention to the anti-cancer effect of the microbiome. The anti-cancer effect of suppressing the formation and proliferation of cancer tumors was confirmed in the main microorganism called 'Faecalibacterium' in the intestine and an anti-cancer composition was developed using this.

wipsglobal.com
KR10-2021-0149007,
Titled, "Faecalibacterium sp. and anti-cancer composition comprising the same'

University industry-academia cooperation foundations are also active in treatment research using microbiome. The Catholic University of Korea Industry-Academic Cooperation Foundation is researching microbiome technology to improve rheumatoid arthritis. They have confirmed that a microbiome cell strain called ' Akkermansia muciniphila' reduces the index and induction rate of rheumatoid arthritis and also inhibits joint and cartilage damage.

wipsglobal.com
KR10-2023-0105320,
Titled, 'Microbiome composition for the treatment of
metabolic disorders rheumatoid arthritis

 The microbiome can also be used for health information and analysis. Macrogen, a genome analysis company, has developed a method to provide a health information and analysis device using microbiome. This analysis device consists of an input device that receives metagenome data on the microbial community possessed by the subject and a microbial information storage device constituting the microbial community, and generates health information of the subject. More accurate health information can be obtained by using this analysis device that tells the result of the microbiome analysis.

wipsglobal.com
KR10-2492977,
Titled, 'Provind method for health information based on
microbiome and analysis apparatus.

The microbiome that completes my skin,

Cosmetics and beauty industries starts to pay attention to microbiome. As research results have revealed that it is effective in skin regeneration and wound healing with its excellent cell regeneration ability, domestic and foreign cosmetics and beauty companies are paying attention to the microbiome and are researching and developing it. Amorepacific, Korea's leading beauty company, has also developed a skin age prediction method using microbiome. This method accurately predicts skin age by amplifying the sequences of two or more microorganisms, such as Proteobacteria and Cutibacterium, which are a type of microbiome, from the skin microorganisms taken from the subject.

wipsglobal.com
KR10-2021-0116907
Titled, 'Method for predicting skin age using microbiome'

Cosmax, another Korean beauty company, has also developed a cosmetic composition using microbiome. Cosmax has created a skin moisturizing composition by culturing Streptococcus infantis, a type of microbiome. Anti-aging substances in Streptococcus infantis are said to have excellent skin barrier recovery and skin barrier maintenance effects.

wipsglobal.com
KR10-2020-0057822
Titled, 'Composition for strengthening skin barrier, moisturizing skin or anti-aging'

Cosmax is also very serious about microbiome. They’ve lauched the microbiome platform for the first time in the world. It is said that this platform will be equipped with a system that comprehensively analyzes skin environmental factors with national or racial differences such as Korea, the United States, and China, and includes genetic information. In addition, Cosmax recently signed a joint research agreement on microbiome technology with L'Oreal, a global beauty group in France, and will focus on developing and researching cosmetic ingredients derived from new skin microbiome strains.

 Also, if the skin is healthy, hair loss, which is a common concern of modern people, cannot be left out. Hair loss may be one of the common signs of aging, but an unhealthy scalp and hair can also cause hair loss.

The microbiome may also contribute to hair loss treatment. Aheads, a Korean company that develops hair loss shampoo, has developed a composition using mineral ingredients and microbiome. The shampoo is said to help prevent hair loss by mixing complex biotics containing probiotics and prebiotics familiar as lactic acid bacteria and mineral ionized water collected from deep sea water.

wipsglobal.com
KR10-2021-0073941
Titled, 'Cosmetic composition for improving hair and head skin for alleviating
hair loss symptoms comprising mineral ingredients and biotics material

 A healthy life brought by the ‘special bacteria’ microbiome,

So far, we have learned about the microbiome that shapes our health. It was found that the microbiome is relatively stable compared to existing synthetic drugs and has a high possibility of success in developing new drugs, so it has suitability and advantages as medicine and cosmetics.

The reason why the microbiome is getting more and more attention is probably the potential of the microbiome as a treatment. We hope that the microbiome will become a ‘special germ’ that realizes our healthy life through continuous research and development.

clipartkorea.co.kr

[International Briefing] NO, WIPO

 

NORWAY

Norwegian Government Fines Meta for Privacy Infringement

 On August 8, 2023, the Norwegian government imposed a fine on Meta for infringement of privacy, Reuters reported.

 In 2019, German regulatory authorities ordered Meta not to collect personal information from platforms such as Facebook and Instagram without the user's 'separate' prior consent for use in advertising sales. In response, Meta filed a lawsuit with the German court, saying it was an excessive measure. The court requested the European Court of Justice (ECJ), the highest judicial body in Europe, for a judgment. In response, on July 4, 2023, the Court made a decision that there was no problem with the German authorities being involved in Meta's privacy infringement issue.

 On 4 January 2023, the Irish Data Protection Commission (DPC) fined Facebook and Instagram respectively, saying that Meta's personalized advertising business violated the EU's General Data Protection Regulation (GDPR)1).

  The Norwegian data protection authority, Datatilsynet, argued that Meta could not collect data of the actual location of Norwegian users and use it for personalized advertising without permission. As a result, Meta didn’t fulfill the obligation that they had to prove that the issue was resolved with the Norwegian regulatory authorities by August 4, 2023 for the same.

 Meta said that they plans to seek "consent" from users in the European Union (EU) to tackle the problem of personalized advertising, and then allow social media services to target ads based on what users see. Regarding this, Tobias Judin, Head of International Division at Datatilsynet argues that it is not possible to know exactly how the 'consent' mechanism will be implemented, and that it is not justified to violate people's rights every day until the mechanism is implemented, so only seeking 'consent' is not sufficient.

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 Datatilsynet plans to fine Meta 1 million kroner per day from Aug. 14, 2023 to Nov. 4, 2023 for privacy infringement.

 The decision could be referred to the European Data Protection Board (EDPB) to make it permanent, with the possibility of extending the scope of the decision to other parts of Europe.

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1) The DPC judged that the 'preliminary explanation to the user' as stipulated in the EU's General Personal Information Protection Act (GDPR) was not sufficiently done with respect to basic matters such as the purpose and legal basis for obtaining usage information (source) : Reuters).

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WIPO

World Intellectual Property Organization selects Sao Paulo, Brazil, as an innovation hotspots

 On Aug, 1, 2023, the World Intellectual Property Organization (WIPO) announced that the Brazilian city of ‘São Paulo’ was selected as an innovation hotspots1) and presented reasons and specific grounds. 

 São Paulo is a rich middle class in Brazil with cash grants, a minimum wage policy and various other social policies. More than half of Brazil's startups and unicorns have grown, and it is also a concentration of venture capital firms and large corporations.

What has made ‘São Paulo’s innovation hotspot successful?

(1) Leading in patenting

Sao Paulo recorded more than one-fifth of all Brazilian patent applications in both the International Patent Family (IPF) and the Brazilian National Institute of Industrial Property (INPI Brasil), It has a higher application volume than other regions such as Mexico City, Buenos Aires, and Santiago.

(2) Technological diversification

São Paulo's patent activity is spread across various technology fields. This technological diversity not only contributes to São Paulo's innovations combining knowledge and expertise from different fields, but also has the potential to lead to the creation of more complex and valuable technologies.

(3) Harnessing innovation networks

São Paulo plays the role of an intermediary in local innovation and a connecting channel between co-inventive networks. The concentration of multinational corporations in São Paulo facilitates knowledge transfer between regions and creates a dynamic link between domestic and multinational corporations to carry out cooperation in the patent sector.

(4) Driving local initiatives

São Paulo has two initiatives supporting industrial and technological development: Desenvolve-SP and Technology Park System (SPTec). ‘Desenvolve-SP’ is an initiative that supports economic development policies, and ‘SPTec’ corresponds to an initiative that promotes business synergy and attracts technology investment by providing research and development opportunities to companies.

pexels.com

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1) “Innovation hotspot” refers to the high-density innovation regions of the world that collaborate to push the global technology frontier. Global innovation networks (GIN) are formed based on innovation regions, which expand the potential scope and scale of innovation activities. (Source: WIPO).

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