On 29 October 2021, the UK IPO launched a further consultation on IP Protection and AI. Earlier this year, the UK IPO published the results of its first consultation that can be found here: https://www.gov.uk/government/consultations/artificial-intelligence-and-intellectual-property-call-for-views/government-response-to-call-for-views-on-artificial-intelligence-and-intellectual-property
This new consultation is focussed on three specific areas: [see highlighted quote below]
The new proposals put forward in this consultation are significant and companies and individuals working in the AI field will be affected. The first and third proposals largely focus on how to protect property generated by AI. Ownership of IP generated by humans needs to be considered in all contracts and agreements where IP is likely to be developed. Bringing in a new layer of protection and/or adapting the existing IP protection environment for AI generated works or inventions will require companies to overhaul their existing arrangements to adapt to the new regime.
The deadline for submitting a response is 7 January 2022. It is important that all those who would be affected by the changes being proposed engage in this debate.
1. Copyright protection for computer-generated works without a human author. These are currently protected in the UK for 50 years. But should they be protected at all and if so, how should they be protected?
2. Licensing or exceptions to copyright for text and data mining, which is often significant in AI use and development.
3. Patent protection for AI-devised inventions. Should we protect them, and if so, how should they be protected?
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
