ChatGPT, Generative Artificial Intelligence and Trade Secrets: Is This Technology Generating Solutions or Generating Issues?

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The release of ChatGPT and other generative artificial intelligence (“generative AI”) developed by technology companies such as Samsung, Amazon, JPMorgan Chase & Co., and Goldman Sachs, has allowed for increased convenience and productivity for many industries. These advancements have improve the efficiency of many commercial enterprises, such as marketing and healthcare. The impressive capabilities this technology offer is often showcased in its application for materializing or executing ideas or testing and developing ideas.

However, the indiscriminate use of generative AI can present real risks as inadvertently sensitive and confidential information may be disclosed to third parties. This concern has been highlighted recently by problems that have arisen from Samsung experiencing a code leak due to employees uploading confidential source code on ChatGPT, prompting the technology giant to issue a memo prohibiting such usage. In response, many other businesses followed suit in the endeavor of protecting their valuable business information.

To safeguard from such concerns, businesses ought to take the extra steps in tailoring their contracts with service providers and contractors to ensure that the service provider or contractor does not use technologies such as ChatGPT that might disclose sensitive or confidential information to the public.

Samsung is a South Korean technology company and one of the world’s largest manufacturers of smartphones, tablets, and consumer electronics. Founded in 1938, the company today employs over 309,000 people worldwide across various countries, and has become one of the leading forces in the technology industry.

Jenny Lee, managing partner of GGV Capital, is an enthusiastic early investor in ChatGPT and other generative AI technologies, having invested in a range of AI start-ups, including Noam FastAI, OpenAI, and ObEN. Lee is an experienced industry leader, having held advisory roles as a limited partner on the board of Serena Capital, and a board member of Privi, as well as a mentor at Alchemist Accelerator, and a member of the San Francisco Innovation Task Force.

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