Volume 6, Issue 1, March 2020, Page: 24-29
Challenges of the Intellectual Property System in the Age of Artificial Intelligence
Yin Fenglin, Department of Law and Intellectual Property, School of Public Policy and Management, University of Chinese Academy of Sciences, Beijing, China
Zhao Yixin, Department of Law and Intellectual Property, School of Public Policy and Management, University of Chinese Academy of Sciences, Beijing, China
Medina Turdi, Department of Law and Intellectual Property, School of Public Policy and Management, University of Chinese Academy of Sciences, Beijing, China
Received: Feb. 20, 2020;       Accepted: Mar. 6, 2020;       Published: Apr. 8, 2020
DOI: 10.11648/j.ajasr.20200601.13      View  323      Downloads  159
Abstract
In the 21st century, with the rapid growth of computer computing speed and the enhancement in cloud computing infrastructure, the artificial intelligence based on simulated human neural networks has developed to a new stage. Being the foundation and core of the new technological revolution, the artificial intelligence has been widely applied in economy, society and law areas. In the future, the artificial intelligence may completely emancipate the human beings by directly replacing human’s mental activity to a certain degree. As the product of the development of science and technology, the intellectual property system develops continuously with the progress of science and technology. Due to the increasing scope and extent of the application of artificial intelligence in intellectual property work, it is likely to make a difference on the existing intellectual property system. However, the current intellectual property system in various countries are still based on the international conventions in the electrical age like Paris Convention for the Protection of Industrial Property (the 1967 Act) and the Berne Convention for the Protection of Literary and Artistic Works (the 1971 Act). Therefore, the artificial intelligence not only bring great challenges in the aspect of the subject, object and right content to the intellectual property system but also provide a few of new opportunities to this system.
Keywords
Artificial Intelligence, Intellectual Property System, Challenges, Opportunities, Subject, Object, Right Content
To cite this article
Yin Fenglin, Zhao Yixin, Medina Turdi, Challenges of the Intellectual Property System in the Age of Artificial Intelligence, American Journal of Applied Scientific Research. Special Issue: Science and Law (Review of Several Issues of Contemporary Science and Technology Law). Vol. 6, No. 1, 2020, pp. 24-29. doi: 10.11648/j.ajasr.20200601.13
Copyright
Copyright © 2020 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Reference
[1]
Mizuki Hashiguchi. Artificial intelligence and the jurisprudence of patent eligibility in the United States, Europe, and Japan. Intellectual Property & Technology Law Journal, 2017, (29): 3-12.
[2]
Government of the People's Republic of China. New Generation artificial intelligence Development Plan.http://www.gov.cn/zhengce/content/2017-07/20/content_5211996.htm.
[3]
Mizuki Hashiguchi. The global artificial intelligence revolution challenges patent eligibility laws. Journal of Business & Technology Law, 2017, (13): 1-35.
[4]
Robert C. Denicola. Ex machina: copyright protection for computer-generated works [J]. Rutgers University Law Review, 2016, (69): 251-286.
[5]
Copyright, Designs and Patents Act, 1988, c. 48, § 178 (U.K.).
[6]
Wang Qian. On the qualitative analysis of the content generated by artificial intelligence in copyright law. Legal Science (Journal of Northwest University of political science and law), 2017, 35 (05): 148-155 (in Chinese).
[7]
Xiong Qi. Copyright recognition of artificial intelligence generated content. Intellectual property, 2017, (3): 3-8 (in Chinese).
[8]
Beijing Internet Court (2018) Jing 0491 min NO. 239.
[9]
Annemarie Bridy. Coding Creativity: Copyright and the Artificially Intelligent Author. Stanford Technology Law Review, 2012, (2012): 1-27.
[10]
Ji Dongmei. The challenge of artificial intelligence invention to patent system -- Taking genetic programming as an example. Intellectual property, 2017 (11): 5 (in Chinese).
[11]
Amir H. Khoury. Intellectualproperty rights for “hubots”: on the legal implications of human-like robots as innovators and creators. Cardozo Arts and Entertainment Law Journal, 2017, (35): 635-668.
[12]
BEN HATTENBACH, JOSHUA GLUCOFT. Patents in An Era of Infinite Monkeys and Artificial Intelligence. Stanford Technology Law Review, 2015, 19 (01): 35.
[13]
35 U.S.C. § 101 (1952).
[14]
Wang Zhengzhong. On the ownership of the rights of invention and creation generated by artificial intelligence - based on promoting the application of invention and creation. Electronic intellectual property, 2019 (02): 21-30 (in Chinese).
[15]
Zhu Xuezhong, Zhang Guangwei. Research on Patentability and ownership of technical achievements generated by artificial intelligence. Intelligence journal, 2018, 37 (02): 69-75 (in Chinese).
[16]
Wu Handong, Zhang Ping, Zhang Xiaojin. The challenge of artificial intelligence to the legal protection of intellectual property. China legal review, 2018 (02): 1-24 (in Chinese).
[17]
Huayu Yuandian Institute of legal artificial intelligence. Let legal people understand artificial intelligence.
[18]
WIPO. Berne Convention for the Protection of Literary and Artistic Works. https://www.wipo.int/treaties/en/ip/berne/.
[19]
David Vaver. Translation and Copyright: A Canadian Focus. http://digitalcommons.osgoode.yorku.ca/scholarly_works.
[20]
Cao Shihua. Copyright compensation system in the digital age and its introduction. Legal science. Journal of Northwest University of political science and law, 2006 (06): 143-151 (in Chinese).
[21]
Li Jianrong. Patent Literature and Information. Beijing: Intellectual Property Press, 2002: 531. (in Chinese).
[22]
Tyron Stading. The Role of artificial intelligence in Intellectual Property. https://www.ipwatchdog.com/2017/07/27/role-artificial-intelligence-intellectual-property/id=86085/.
[23]
Loui RP. From Berman and Hafner’s teleological context to Baude and Sachs’interpretive defaults: an ontological challenge for the next decades of artificial intelligence and Law. Dordrecht: Kluwer Academic Publishers, 2016.
Browse journals by subject