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Artificial Intelligence and ­Intellectual Property

Rating
Format
Hardback, 464 pages
Published
United Kingdom, 25 February 2021

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.


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Product Description

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.

Product Details

Table of Contents

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, Jörg 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.

Reviews

An important and multi-faceted contribution to the debate about how AI fits into existing intellectual property law frameworks and where those frameworks need amendment.
*David Llewelyn, Professor of Law (Practice), School of Law, Singapore Management University/Professor of Intellectual Property Law, King's College London*

This is a truly excellent book on AI and law. Beginning with a concise but clear explanation of the programming techniques behind AI systems, the book provides a comprehensive account of the intersection between this new software technology and the intellectual property system. From the many ways AI improves the mechanics of IP-related government administration, to legal handling of the copying of data required for much AI to work, to profound questions such as human-assisted creativity and machine generation of IP-covered works, the outstanding cast of editors and contributors cover all the crucial issues. Here is the single essential volume to appear so far in this important new field of study.
*Robert P. Merges, Wilson Sonsini Goodrich & Rosati Professor of Law and Technology, University of California, Berkeley, School of Law*

With the continuous evolution of technology and the social environment surrounding AI and intellectual property, it is necessary to build methodologies that can be applied not only to existing issues but also to future ones, the concrete shape of which we cannot yet know. This book presents such a methodology. It provides diverse analyses of technology, law, and economics, as well as governance and problem solving. Through an examination of contemporary approaches in different countries, this ambitious book aims to construct legislative and policy theories, as well as a methodological template for future research.
*Yoshiyuki Tamura, Professor of Law, The University of Tokyo*

This book offers comprehensive insights into IP-related issues that arise in the context of AI. It provides a hands-on guide by an international team of contributors and is highly recommended.
*Wolfgang Zankl, Professor of Law, University of Vienna/Head of the European Center for E-Commerce and Internet Law*

The book is the result of cooperative work between Asian and European academic institutions,...the reader is invited to reflect on the rationale of the repercussions of AI, including AI's social impacts and its impacts on investments.
*Elisabeth Kasznar Fekete, Trademark Reporter*

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