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.
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, 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?
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.
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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