The Impact of AI on IP - Current Issues & Future Developments

Introduction

With ever greater government and business investment into transformational AI, lawyers and policy-makers are grappling with how the current IP regime can be adapted, and to what extent new laws are needed.

The UKIPO, for example, has consulted on changes in copyright, designs and patent law.

When it comes to intellectual property, AI’s potential in driving innovation and opening new creative pathways is especially notable, for example in pharmaceutical development or digital collectible character merchandise.

AI is already involved in devising patentable inventions and curating our music choices and may become a powerful tool in the origination of entertainment and news content.

Old concepts such as ‘inventorship’, ‘author’ and ‘originality’ need to be reviewed.

Further, to enable AI systems’ learning, access is needed to vast quantities of data, some of which is protected by current IP laws.

This webinar will examine the areas in which AI is pushing the boundaries of current IP law and explore where policy making may go next in this fast-moving area.

It is suitable for IP lawyers and technology/commercial lawyers with some existing knowledge of IP law, either in private practice or in-house.

What You Will Learn

This webinar will cover the following:

• Introduction: What is ‘AI’ and How Does it Use and Create IP Works?
• Training AI Systems - Rights Problems:
• Current UK non-commercial copyright exceptions
• Differences in database right position
• Moral rights
• The EU position
• Draft EU Data Governance Act - access to public sector data
• Draft EU Data Act - access to data from IoT
• Current Protection for AI and its Outputs:
• Copyright: originality and authorship of AI-generated works, and term of protection
• Database right
• Design rights
• ‘Personality rights’
• Rights in algorithms and generative works
• Patentability of AI systems
• Patentability of AI-generated inventions
• Role of trade secrets
• AI inventors and the patent system
• IP Infringement Using AI:
• Deepfakes, including:
• Reviving deceased/retired performers
• Parody/disparagement
• Trade mark infringement tests based on human interaction v AI interaction
• Who is liable?
• Gaps in Protection Under English/EU Law:
• WIPO consultation and issues paper
• UKIPO 2020 Call for Views/Consultation - rights and exceptions
• Proposed EU AI Regulation

This webinar was recorded on 15th August 2022