AI & Intellectual Property: Towards an Articulated Public Domain

New peer reviewed research article: ‘AI & Intellectual Property: Towards an Articulated Public Domain’.

 

Res Publicae ex Machina (Public Property from the Machine)

Building upon the doctrinal body of knowledge, the article introduces a new public domain model for AI Creations and Inventions that crossed the autonomy threshold (i.e. no sufficient amount of human intervention that can be linked to the output): Res Publicae ex Machina (Public Property from the Machine). It includes examples.

Besides that, the article describes the current legal framework regarding authorship and ownership of AI Creations, legal personhood, patents on AI Inventions, types of IP rights on the various components of the AI system itself (including Digital Twin technology), clearance of training data and data ownership.

 

The relation between AI and IP in the information society

This article seeks to clarify the relation between AI and IP in the information society. It aims to critically examine our intellectual property framework at the dawn of the fourth industrial revolution. In that context, it contends that human authorship remains the normative organ point of intellectual property law. Additionally, it argues that extending copyrights hinders innovation, cultural diversity and even fundamental freedoms. Adding extra layers to the existing rainbow of IP rights is not a good solution to balance the societal impact of technological progress. This applies to any sector of the economy (i.e Healthcare, AgriFood, Energy, Mobility, Entertainment, Logistics, Finance). Legislative gaps can be remedied by contracts and generous application of fair use and the three-step-test.

Finally, parts of the Roman multi-layered property paradigm can be relevant for AI. Building upon this framework, section VIII of the article includes a proposal for a new public domain model for AI Creations and Inventions that crossed the autonomy threshold: Res Publicae ex Machina (Public Property from the Machine).

The introduction of the legal concept of Public Property from the Machine is a Pareto improvement; many actors benefit from it while nobody -at least no legal person- will suffer from it.

 

Compact Artificial Intelligence & IP overview analysis

Main goal of this research is to contribute to the body of doctrinal knowledge by offering a relatively compact Artificial Intelligence (AI) & IP overview analysis and in doing so, to provide some food for thought to interdisciplinary thinkers and policy makers in the IP, tech, privacy and freedom of information field. Because AI and the internet are without borders, the article makes these recommendations through the eyes of a global acquis of intellectual property, as being a set of universal principles that form the normative backbone of the IP system.

Comments

Mibgħut minn Mauritz Kop f’din id-data:Tue, 12/01/2021 - 21:44

Delighted to share that “AI & Intellectual Property: Towards an Articulated Public Domain” has been published in the Texas Intellectual Property Law Journal (2020, 28). http://www.tiplj.org/issues/tiplj-volume-28/