The Australian Federal Court recently handed down its first-instance judgement in Thaler v Commissioner of Patents  FCA 879 where the central issue considered was whether an artificial intelligence (AI) system could be an ‘inventor’ for the purposes of the Australian Patents Act 1990 (Act) and its corresponding regulations. The Court found that an AI system can be an inventor – where ‘inventor’ may be construed broadly to include a ‘person or thing that invents’1. This decision puts Australia in the spotlight as a favourable country to patent AI-created inventions – for now. Given the subject-matter and controversy generated by this decision, an appeal to the Full Federal Court is almost certain.Read More
One thing is clear about artificial intelligence (AI) and intellectual property (IP) at the moment: there are more questions than answers. Who should be author? Who is responsible for a work’s liability? What about moral rights? Is a computer programme capable of making an ‘inventive step’ or forming an ‘intellectual creation’ normally reserved for humans? And for those Matrix fans – should we let machines make decisions for us, lest we become seen as the planet’s true virus?
In September 2019, the World Intellectual Property Organisation (WIPO) launched a much-needed conversation on IP and AI, and consulted with member state representatives on the potential impact of AI on IP. Over the course of the consultation, WIPO received more than 250 responses from a wide range of global stakeholders.Read More
The right to intellectual property protection in “Artificial Intelligence” generated work gives rise to numerous legal, economic and moral issues. “Artificial Intelligence” (AI) is a comprehensive term used to describe the ability of computer systems to perform tasks normally requiring human intelligence, ranging from translation processes and visual perception to brain simulation.
In this post, we give a brief introduction to the legal issues surrounding claims to copyright in AI generated work in the context of UK law and specifically, who can claim ownership of the work produced.Read More
Artificial intelligence (AI) is increasingly permeating our everyday lives from our voice command ‘smart speakers’ (such as Amazon Echo, Siri and Google Home) to the machine learning based recommendations when online shopping or watching Netflix. As AI becomes increasingly autonomous and accessible, leaders in technology are calling for increased scrutiny and regulatory oversight to ensure society is protected from AI’s implications. Regulatory oversight of AI will need to integrate ethical, moral and legal values in its design process as well as part of the algorithms these systems use. Tech giants are becoming increasingly aware of the need to incorporate ethical principles in the development of AI. Recently, Amazon, Facebook, McKinsey, Google’s DeepMind division, IBM, and Microsoft have founded a new organisation, the Partnership on Artificial Intelligence to Benefit People and Society, to establish best practices in ethical AI.