TY - UNPB
T1 - Oxford Intellectual Property Research Centre Submission: IPO Artificial Intelligence and Intellectual Property: Copyright and Patents
AU - Foss-Solbrekk, Katarina
AU - Ring, Caoimhe
AU - Le, Van Anh
AU - Dhonchak, Anupriya
AU - Janečková, Eva
PY - 2022/3/23
Y1 - 2022/3/23
N2 - 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>
AB - 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>
KW - AI
KW - Intellectual Property
KW - Copyright
KW - Text and data mining
KW - Patent law
UR - https://ssrn.com/abstract=4018279
M3 - Preprint
BT - Oxford Intellectual Property Research Centre Submission: IPO Artificial Intelligence and Intellectual Property: Copyright and Patents
ER -