Oxford Intellectual Property Research Centre Submission: IPO Artificial Intelligence and Intellectual Property: Copyright and Patents

Katarina Foss-Solbrekk, Caoimhe Ring, Van Anh Le, Anupriya Dhonchak, Eva Janečková

Research output: Working paperPreprint

Abstract

Key findings in our submission include: <br><br>1. The protection of computer generated works (CGW) should be removed. By removing the provisions on CGWs, the protection of human creations and the protection for human authors remains intact. This is because the CGWs are, by definition, authorless (ie without a human author) and hence are no human creations.<br><br>2. The existing text and data mining (TDM) exception should be extended to cover commercial research and data bases. The government should also seek to reform TDM licensing practices as relying on licensing to facilitate TDM may prove problematic in practice. This is due to the need for individual licenses, licensing negotiations, high transactions costs, as well as the vast amount of data involved. <br><br>3. Patent protection of AI is necessary to promote innovation on AI rather than innovation by AI. However, no legal change should be made on inventorship for both inventions. <br>
Original languageEnglish
Publication statusPublished - 23 Mar 2022
Externally publishedYes

Keywords

  • AI
  • Intellectual Property
  • Copyright
  • Text and data mining
  • Patent law

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