Artificial Intelligence and Intellectual Property

ISBN : 9780198870944

Jyh-An Lee; Reto Hilty; Kung-Chung Liu , Director of the Applied Research Center for Intellectual Assets and the Law in Asia , Director of the Applied Research Center for Intellectual Assets and the Law in Asia
464 Pages
161 x 240 mm
Pub date
Feb 2021
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Artificial Intelligence (AI) has become omnipresent in today's business environment: from chatbots to healthcare services to various ways of creating useful information. While AI has been increasingly used to optimize various creative and innovative processes, the integration of AI into products, services, and other operational procedures raises significant concerns across virtually all areas of intellectual property (IP) law. While AI has drawn extensive attention from IP experts globally, this is the first book providing a broad and comprehensive picture from the perspectives of the very nature of AI technology, its commercial implications, its interaction with different kinds of IP, IP administration, software and data, its social and economic impact on the innovation policy, and ultimately AI's eligibility as a legal entity.


A. Technology, Business, and Basics of AI
1. Anthony Man-Cho So: Technical Elements of Machine Learning for Intellectual Property Law
2. Ivan Khoo Yi and Andrew Fang: The Rise and Application of Artificial Intelligence in Healthcare
3. Reto M. Hilty, Jorg Hoffmann and Stefan Scheuerer: Intellectual Property Justification for Artificial Intelligence
B. AI and Patent Law
4. Raphael Zingg: Foundational Patents in Artificial Intelligence
5. Ichiro Nakayama: Patentability and PHOSITA in the AI Era - A Japanese Perspective
6. Feroz Ali: Digitalised Invention, Decentralised Patent System: The Impact of Blockchain and Artificial Intelligence on the Patent Prosecution
C. AI and Copyright Law
7. Andres Guadamuz: Do Androids Dream of Electric Copyright? Comparative Analysis of Originality in Artificial Intelligence Generated Works
8. Jyh-An Lee: Computer-Generated Works under the CDPA 1988
9. Tianxiang He: Copyright Exceptions Reform and AI Data Analysis in China: A Modest Proposal
10. Benjamin Sobel: A Taxonomy of Training Data: Disentangling the Mismatched Rights, Remedies, and Rationales for Restricting Machine Learning
D. AI and IP Administration
11. Jianchen Liu and Ming Liu: Patent Examination on Artificial Intelligence-related Inventions: An Overview of China
12. Anke Moerland and Conrado Freitas: Artificial Intelligence and Trade Mark Assessment
13. Daniel Seng: Can the AI Genie Repulse the Forty Counterfeit Thieves of Alibaba? Legal Issues on the Use of AI to Detect and Prosecute IPR Infringement
E. Legal Aspects of Software
14. Hao-Yun Chen: Copyright Protection for Software 2.0? Rethinking the Justification of Software Protection under Copyright Law
15. Peter R. Slowinski: Rethinking Software Protection
F. Protection of and Access to Data
16. Kung-Chung Liu and Shufeng Zheng: Protection of and Access to Relevant Data-General Issues
17. Matthias Leistner: Protection of and Access to Data under European Law
G. The Greater Picture
18. Anselm Kamperman Sanders: Competition and IP Policy for AI-Socio-economic Aspects of Innovation
19. Eliza Mik: AI as a Legal Person?

About the author: 

Jyh-An Lee is Associate Professor at the Chinese University of Hong Kong Faculty of Law.; Reto M. Hilty is Professor and Director of Max Planck Institute for Innovation and Competition, Germany.; Kung-Chung Liu is Lee Kong Chian Professor of Law (Practice), Director of the Applied Research Center for Intellectual Assets and the Law in Asia (ARCIALA) at Singapore Management University and also Professor at Renmin University of China.

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