AI and IP: Theory to Policy and Back Again – Policy and Research Recommendations at the Intersection of Artificial Intelligence and Intellectual Property

Abstract

AbstractThe interaction between artificial intelligence and intellectual property rights (IPRs) is one of the key areas of development in intellectual property law. After much, albeit selective, debate, it seems to be gaining increasing practical relevance through intense AI-related market activity, an initial set of case law on the matter, and policy initiatives by international organizations and lawmakers. Against this background, Zurich University’s Center for Intellectual Property and Competition Law is conducting, together with the Swiss Intellectual Property Institute, a research and policy project that explores the future of intellectual property law in an AI context. This paper briefly describes the AI/IP Research Project and presents an initial set of policy recommendations for the development of IP law with a view to AI. The recommendations address topics such as AI inventorship in patent law; AI authorship in copyright law; the need for sui generis rights to protect innovative AI output; rules for the allocation of AI-related IPRs; IP protection carve-outs in order to facilitate AI system development, training, and testing; the use of AI tools by IP offices; and suitable software protection and data usage regimes.