מעודכן ל: 9.4.2024
Robins Kaplan, Q&A: the crossroads where generative AI meets copyright law, Westlaw Today, 2023 WL 6545295 (Oct. 9, 2023).
Thaler v. Hirshfeld, 43 F.4th 1207 (Fed. Cir. 2022).
The Patent Act, 35 U.S.C.S. § 100(f), requires that inventors must be natural persons; that is, human beings. Congress has determined that only a natural person can be an inventor, so artificial intelligence (AI) cannot be. Nothing in the Patent Act indicates Congress intended to deviate from the default meaning. The Patent Act uses personal pronouns to refer to an "individual" under 35 U.S.C.S. § 115(b)(2). While the court did not decide whether an AI system can form beliefs, nothing in the record showed that one could.
Esther C. Roditti, Intellectual Property Issues & Artificial Intelligence, in Computer Contracts (MB) § 3A.07, Lexis (Database updated Dec. 2022).
Across Intellectual Property by
Using as a starting point the work of internationally-renowned Australian scholar Sam Ricketson, whose contributions to intellectual property (IP) law and practice have been extensive and richly diverse, this volume examines topical and fundamental issues from across IP law. With authors from the US, UK, Europe, Asia, Australia and New Zealand, the book is structured in four parts, which move across IP regimes, jurisdictions, disciplines and professions, addressing issues that include what exactly is protected by IP regimes; regime differences, overlaps and transplants; copyright authorship and artificial intelligence; internationalization of IP through public and private international law; IP intersections with historical and empirical research, human rights, privacy, personality and cultural identity; IP scholars and universities, and the influence of treatises and textbooks. This work should be read by anyone interested in understanding the central issues in the evolving field of IP law.
Artificial Intelligence and Intellectual Property by
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 intoproducts, 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 ofthe 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.
The Future of Copyright in the Age of Artificial Intelligence by
The Future of Copyright in the Age of Artificial Intelligenceoffers an extensive analysis of intellectual property and authorship theories and explores the possible impact artificial intelligence might have on those theories. The author makes compelling arguments via the exploration of authorship, ownership and artificial intelligence. First, the book advocates for a more holistic approach to authorship, arguing that there is no good reason to exclude computer-generated and artificial intelligence creations from copyright. Second, it conducts an open search for the right 'candidate' for ownership. In doing so, the book explores several possible legal frameworks, including assigning ownership to the programmer, the user, the AI itself and other alternatives such as the public domain or author-in-law approaches. Third, the book explores the concept of artificial intelligence as it has developed through the years in various fields, seeking to reframe the AI legal concept. For academic scholars and law students these pages frame the theoretical discussion about artificial intelligence creations and provide in depth discussion about artificial intelligence legal challenges.
The Future of Intellectual Property by
This forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights. Featuring contributions from leading scholars from across the globe, the book focuses on four main themes, beginning with an examination of reforms to fundamental aspects of IP. Part II explores the emergence of artificial intelligence and the data on which it relies, offering timely new thinking on the impact of this significant new aspect of IP. Chapters then discuss specific ideas for reform in relation to copyright and trademarks in Part III, and in respect of geographical names and indications in Part IV. This book will prove crucial reading for scholars and researchers of intellectual property, particularly those working on reform and the effects of technology. It will also be useful for policymakers seeking to understand the potential impacts of new policies and legislation.
Research Handbook on Intellectual Property and Artificial Intelligence by
This incisive Handbook offers novel theoretical and doctrinal insights alongside practical guidance on some of the most challenging issues in the field of artificial intelligence and intellectual property. Featuring all original contributions from a diverse group of international thought leaders, including top academics, judges, regulators and eminent practitioners, it offers timely perspectives and research on the relationship of AI to copyright, trademark, design, patent and trade secret law. The Handbook is divided into four thematic parts, beginning with topics that address the intersection of IP and AI broadly before focusing on issues associated with specific types of IP. Chapters tackle critical legal questions, from issues with protecting AI-generated ourput to the impact of AI on how trademarks are used, offering valuable lessons on technology regulation and how technological evolution will disrupt existing legal frameworks. Scholars and students of intellectual property law and its intersections with AI and related technologies will find this Handbook 's cutting-edge contributions to be a crucial read. Its guidance on the practical legal implications of technological advances will also be of interest to IP practitioners, as well as policymakers and regulators.
Tactical Entanglements : AI Art, Creative Agency, and the Limits of Intellectual Property by
How do artistic experiments with artificial intelligence problematize human-centered notions of creative agency, authorship, and ownership? Offering a wide-ranging discussion of contemporary digital art practices, philosophical and technical considerations of AI, posthumanist thought, and emerging issues of intellectual property and the commons, this book is firmly positioned against the anthropomorphic spectacle of “creative AI.” It proposes instead the concept of the posthumanist agential assemblage, and invites readers to consider what new types of creative practice, what reconfigurations of the author function, and what critical interventions become possible when AI art provokes tactical entanglements between aesthetics, law, and capital.
Developments in Intellectual Property Strategy: The Impact of Artificial Intelligence, Robotics and New Technologies by
Research in the area of intellectual property (IP) is increasingly relevant to the rapidly growing artificial intelligence (AI) and robotics industries, affecting the legal, business, manufacturing, and healthcare sectors. This contributed volume aims to develop our understanding of the legal and ethical challenges posed by artificial intelligence and robotics technologies and the appropriate intellectual property based legal and regulatory responses. It provides a philosophical and legal framework for considering concepts and principles that relate to the development and use of such technologies at the international, regional, and national levels. The legal discourse in IP concerns the ever-growing AI sector and how businesses can protect their IP and incorporate AI. Moral sentiments often take a back seat to market sentiments, even in shaping the direction of ethical business strategy. This anomaly persists despite growing interest in ethics and IP. Taking an interdisciplinary and diverse perspective, this book enriches the evolving definition and scope of IP literature by focusing on actors, products and regulation that shape the business sector. Considering the gap between theory and practice, this book bridges academic and professional knowledge in unpacking legal, ethical and governance issues in the intellectual property industry. In an effort to include as many viewpoints as possible, contributions have been gathered from diverse fields, including business, ethics, governance, law, philosophy and technology studies. This book will appeal to academics in the field of intellectual property, business ethics, AI, emerging technologies and strategic innovation, as well as practitioners and policy makers.
מעודכן ל: 9.4.2024
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