CAI, Wanli

Japanese

Affiliation	Institute of Liberal Arts and Science
Title	Associate Professor
Fields of Research	Intellectual Property Law/Civil Law/Information Law/Comparative Law
Degree	Ph.D. in Law, Waseda University
Academic Societies	AIPPI JAPAN/JSAI/JAIPL/IPAJ/The Copyright Law Association of Japan/JADELA
E-mail	saibanri@las Please append ".tut.ac.jp" to the end of the address above.
Researcher information URL（researchmap）	Researcher information

Research

My research focuses on intellectual property law and civil law, particularly from the perspectives of comparative law and legal policy, with the aim of developing legal frameworks responsive to technological innovation and social change.

My earlier research primarily examined Japanese and Chinese intellectual property law, including patents, copyright, trademarks, design protection, unfair competition, personality-related interests, and data use. More recently, I have expanded the comparative scope of my research to include U.S. law, with particular attention to copyright and human creativity in the age of generative AI, the use of copyrighted works in AI training, the legal status of AI-generated outputs, intellectual property protection in digital environments, and the licensing and dispute resolution of standard-essential patents (SEPs).

Beyond identifying differences among national legal systems, my research explores the underlying values and policy considerations that shape those differences, including the protection of creators, technological innovation, the circulation of information, and the development of culture. Ultimately, I seek to contribute to the design of intellectual property systems suited to the digital age.

Drawing on my experience teaching law to engineering students, I also seek to apply my research findings to legal education for future engineers and to the practical resolution of legal and policy issues arising from emerging technologies.

Theme1：Comparative Study of Intellectual Property Law and Policy

Overview

I conduct comparative research on intellectual property law and policy, focusing primarily on Japan and China while increasingly extending the scope of my research to the United States.

My research examines legislation, judicial decisions, administrative materials, and legal practice in such areas as patent law, copyright law, trademark law, design protection, and unfair competition law. It analyzes not only the similarities and differences among national legal systems but also the social and economic contexts in which these systems have developed and the ways in which they respond to emerging policy challenges.

Rather than limiting comparative research to the description of foreign legal systems, I examine how the interests of rights holders, creators, users, businesses, and society as a whole should be balanced. Through this approach, I seek to offer comparative and policy-oriented insights that may contribute to the future development of Japanese intellectual property law.

Selected publications and works

・CAI Wanli and XIE Qingchuan, “General Clauses under China’s Anti-Unfair Competition Law: Theory and Practice and Their Implications for Japanese Legal Policy,” Patent, Vol. 79, No. 10, October 2026, forthcoming. [in Japanese]
・CAI Wanli, “The Legal Principle of ‘Base Amount + Base Amount × Multiplier’: A Study of the Structure and Application of Punitive Damages for Trade Secret Infringement in China,” A.I.P.P.I., Vol. 71, No. 9, September 2026, forthcoming. [in Japanese]
・CAI Wanli, “Patent Infringement under Japanese Patent Law: Comparative Study with Chinese Patent Law,” Asian Journal of Innovation and Policy, Vol. 7, No. 3, pp. 606–624, December 2018.

For a complete list of publications and research activities, please refer to my researchmap profile.

Keywords

Intellectual Property Law, Comparative Law, Foreign Law, Comparative Study of Japan, the United States, and China, Legal Policy, Patent Law, Copyright Law, Trademark Law, Design Protection, Unfair Competition Law

Theme2：Intellectual Property Law and Policy for Generative AI and Digital Environments

Overview

I study intellectual property and related legal issues arising from the rapid development of generative AI, the metaverse, and other digital technologies.

My research pays particular attention to the entire process of AI-assisted creation, from the training and generation stages to the subsequent use and dissemination of AI-generated outputs. Specific issues include the use of copyrighted works for AI training, human creative contribution and the copyrightability of AI-generated outputs, infringement caused by generated content, the liability of generative AI service providers, the protection of voice, likeness, and other personality-related interests, and the design of licensing mechanisms.

Through a comparative examination of legislation, judicial decisions, administrative guidance, and policy discussions in Japan, the United States, and China, I seek to develop legal frameworks that appropriately balance the protection of creators, technological innovation, freedom of expression and information, and the development of culture.

Selected publications and works

・CAI Wanli, “The Role and Design of Illustrative Provisions Defining Copyrightable Works,” THE LARK HILL, No. 48, pp. 11–24, March 2026. [in Japanese]
・CAI Wanli, “Copyright Infringement Liability of Generative AI Service Providers,” Patent, Vol. 77, No. 11, pp. 80–90, November 2024. [in Japanese]
・CAI Wanli, “Copyright Issues in the Construction of Digital Environments and Transactions in NFT-Based Digital Works,” THE LARK HILL, No. 46, pp. 23–33, March 2024. [in Japanese]

For a complete list of publications and research activities, please refer to my researchmap profile.

Keywords

Generative AI, Copyright Law, AI Training, AI-Generated Outputs, Digital Environments, Metaverse, Personality Rights and Interests, Data Use, Licensing, Platform Liability

Theme3： Licensing and Dispute Resolution for Standard-Essential Patents

Overview

I study licensing negotiations and dispute resolution mechanisms concerning standard-essential patents (SEPs), particularly in the information and communications technology sector.

My research addresses the legal nature of fair, reasonable, and non-discriminatory (FRAND) commitments, the conduct expected of parties during licensing negotiations, the availability of injunctive relief, the determination of appropriate royalty rates, and the use of alternative dispute resolution (ADR).

By comparing relevant legal systems and practices in different jurisdictions, I seek to develop fair and efficient licensing and dispute resolution frameworks that appropriately balance the dissemination of technical standards, the legitimate interests of patent holders, and the business activities of standard implementers.

Selected publications and works

・CAI Wanli, “Dispute Resolution for Standard-Essential Patents Subject to FRAND Commitments,” The Waseda University Graduate School Law Review, No. 150, pp. 157–176, June 2014. [in Japanese]
・CAI Wanli, “Technology Standardization and FRAND Commitments,” Patent, Vol. 67, No. 9, pp. 90–103, August 2014. [in Japanese]
・CAI Wanli, “A Legal Analysis of the Samsung v. Apple Appeal,” Intellectual Property Management, Vol. 65, No. 1, pp. 14–27, January 2015. [in Japanese]

For a complete list of publications and research activities, please refer to my researchmap profile.

Keywords

Standard-Essential Patents, SEPs, Technical Standards, FRAND Commitments, Licensing, Injunctive Relief, Royalties, Alternative Dispute Resolution, ADR

Title of class

Copyright Law
Patent Law
Introduction to Law
Civil Law
Intellectual Property Law
Information Law
International Intellectual Property Law
Technology Strategy and Intellectual Property Law