Commencement of Acceptance of Submissions under the Principle Code on Intellectual Property Protection and Transparency for the Appropriate Use of Generative AI

The Cabinet Office Intellectual Property Strategy Promotion Office will begin accepting submissions under the Principle Code on Intellectual Property Protection and Transparency for the Appropriate Use of Generative AI on Monday, October 26, 2026.

Source: 内閣官房ホームページ(Cabinet Secretariat Website)
・URL of the announcement page:
https://www.cas.go.jp/jp/seisakukaigi/titeki2/ai_principle_code/index.html
・URL of the Principle Code on the Protection of Intellectual Property and Transparency for the Appropriate Use of Generative AI (hereinafter, the “Principle Code”):
https://www.cas.go.jp/jp/seisakukaigi/titeki2/ai_kentoukai/kaisai/pdf/ai_principle_code
.pdf
・URL of the Principle Code on the Protection of Intellectual Property and Transparency for the Appropriate Use of Generative AI: Summary of Disclosure Items / Specific Examples:
https://www.cas.go.jp/jp/seisakukaigi/titeki2/ai_kentoukai/kaisai/pdf/ai_principle_code
_gutairei.pdf
・URL of Submission Form for Acceptance of the Principle Code on the Protection of Intellectual Property and Transparency for the Appropriate Use of Generative AI (for Submission to the Cabinet Office Intellectual Property Strategy Promotion Office):
https://www.cas.go.jp/jp/seisakukaigi/titeki2/ai_principle_code/pdf/ai_principle_code
_todokedeyoshiki.pdf
・URL of the English version of the Principle Code (Unofficial Translation):
https://www.cas.go.jp/jp/seisakukaigi/titeki2/ai_kentoukai/kaisai/pdf/ai_principle_code
_en.pdf
・URL of the English version of the Summary of Disclosure Items / Specific Examples (Unofficial Translation):
https://www.cas.go.jp/jp/seisakukaigi/titeki2/ai_kentoukai/kaisai/pdf/ai_principle_code
_gutairei_en.pdf

With respect to the Principle Code, we have expressed concerns since the drafting stage (Concerns). However, since it has been formally adopted, it has become necessary to take measures in accordance with the objective of protecting intellectual property rights.

First, careful consideration is required as to whether the entity falls within the category of a “Generative AI Business” (生成AI事業者) subject to the Principle Code. Entities qualifying as a “Generative AI Business” include both “Generative AI Developers” and “Generative AI Providers.” The definitions of each are relatively broad, including foreign entities providing generative AI systems or services to Japan. However, several exceptions are provided.

In particular, it should be noted that an exception is provided whereby, in cases where an entity develops or provides a generative AI system or generative AI service specialized for a specific industry, the entity does not fall within the definition of a “Generative AI Business” under this document if it develops or provides a generative AI system or generative AI service for which the risk of generating outputs that infringe the rights of third parties is extremely low.

The interpretation of this point is ambiguous, and particular caution is therefore required for foreign entities, as they are effectively required to review Japanese-language documents including meeting minutes when considering how to address the Principle Code.

If entities accept the Principle Code and make statements premised on the assumption that they qualify as a “Generative AI Business” (生成AI事業者) even when they do not in fact, there is a risk that right holders may allege that the generative AI systems or generative AI services developed or provided by the entities do not fall within the category of generative AI systems or generative AI services for which the risk of generating outputs that infringe third-party rights is extremely low.

For this reason, it is important, first of all, to carefully determine whether the entity qualifies as a “Generative AI Business” (生成AI事業者).

In addition, even where an entity inevitably falls within the category of a “Generative AI Business” (生成AI事業者), it may be worth considering whether there is any room to bring the entity outside the definition of a “Generative AI Business” by closely reviewing the generative AI systems or generative AI services and improving them so that they become generative AI systems or generative AI services for which the risk of generating outputs that infringe third-party rights is extremely low.

Although the Principle Code does not constitute legally binding norms, it is important, from the perspective of intellectual property compliance as well, to confirm whether the generative AI systems or generative AI services developed or provided by the entity pose a risk of generating outputs that infringe the rights of third parties.

With respect to specific consultations regarding responses to the Principle Code, our firm can assemble a dedicated team and provide assistance. Please feel free to contact us for further information.