Category AI

European Commission Trade Policy Review Includes a Request for Comments on The Digital Transition and Technological Development

Thanks to Ante Wessels for calling to my attention to an EU Trade Policy Review, which aims "to build a consensus around a fresh medium-term direction for EU trade policy, responding to a variety of new global challenges and taking into account the lessons learned from the coronavirus crisis." The review includes a request for comments from the public, with submissions due September 15.

Statement to WIPO CONVERSATION on IP and Artificial Intelligence – Current Litigation on AI and Machine Learning

Today, I want to provide some highlights from my research on current litigation on AI and machine learning. Case law can provide guidance on how to address these new technologies. I have analyzed litigation from the United States, Australia, China, and Canada which involves AI and Machine Learning. Litigation regularly involves a diverse set of laws including: copyright´s creativity, authorship, or registration requirements; publication and communication rights; violation of Technological Protection Measures (TPM’s); breach of contracts; trade secret misappropriation; or enforcement of website terms of service.

Covid-19 Trade Secrets and Information Access: An Overview

[David Levine] The unprecedented Covid-19 (Covid) virus has brought to the forefront many challenges associated with exclusive rights, information sharing, and innovation. How do we get effective diagnostics, treatments and vaccines quickly and safely to the public? More specifically, how do we ensure that sufficient quantities are produced, that health products are affordable, and that they are equitably distributed globally? Among many challenges on the road to this outcome is the difficult question of how to handle trade secrets, namely, information that is valuable because others do not know it... For the public at large, Covid trade secrets raise two primary issues: (a) When do you have a Covid trade secret, and (2) Should access to that trade secret extend to competitors, civil society groups, and/or the public? Both are challenging questions, and the below presents a general overview of the framework for addressing each question.

Statement of Sean Flynn, Principal Investigator, Global Expert Network on Copyright User Rights, at the Second Session of the WIPO Conversation on IP and AI

I speak on behalf of a number of copyright academics that recently released a statement on Implementing User Rights for Research in the Field of Artificial Intelligence: A Call for Action at International Level... Many countries have rights to reproduce materials for research purposes that are broad enough to permit text and data mining to train AI and for other purposes. But many laws are inadequate because they are restricted to non-commercial uses, excerpts of works, or do not extend to the communications between researchers necessary to enable collaboration and validation.