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Research Handbook on Intellectual Property and Artificial Intelligence

Edited by: Ryan Abbott

ISBN13: 9781800881891
Published: January 2023
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £210.00



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This incisive Handbook offers novel theoretical and doctrinal insights alongside practical guidance on some of the most challenging issues in the field of artificial intelligence and intellectual property. Featuring all original contributions from a diverse group of international thought leaders, including top academics, judges, regulators and eminent practitioners, it offers timely perspectives and research on the relationship of AI to copyright, trademark, design, patent, and trade secret law.

The Handbook is divided into four thematic parts, beginning with topics that address the intersection of AI and IP broadly before focusing on issues associated with specific types of IP. Chapters tackle critical legal questions, from issues with protecting AI-generated works to the impact of AI on how trademarks are used, offering valuable lessons on technology regulation and how technological evolution will disrupt existing legal frameworks.

Scholars and students of intellectual property law and its intersections with AI and related technologies will find this Handbook ’s cutting-edge contributions to be a crucial read. Its guidance on the implications of these issues for practice will also be of interest to IP practitioners, as well as policymakers and regulators considering how to regulate.

Subjects:
Intellectual Property Law, IT, Internet and Artificial Intelligence Law
Contents:
PART I. MULTI-SUBJECT
1. Artificial intelligence and intellectual property: an introduction
Ryan Abbott
2. The human cause
Daniel J. Gervais
3. Considering intellectual property law for embodied forms of artificial intelligence
Woodrow Barfield, Argyro Karanasiou and Karni Chagnal-Feferkorn
4. AI replication of musical styles points the way to an exclusive rights regime
Sean M. O’Connor
5. The elusive intellectual property protection of trained machine learning models: a European perspective
Jean-Marc Deltorn
6. An abject failure of intelligence: intellectual property and artificial intelligence
Michael D. Pendleton
PART II. COPYRIGHT AND RELATED RIGHTS
7. The AI–copyright challenge: tech-neutrality, authorship, and the public interest
Carys J. Craig
8. Four theories in search of an A(I)uthor
Giancarlo Frosio
9. Copyright law should stay true to itself in the age of artificial intelligence
Alice Lee and Phoebe Woo
10. The protection of AI-generated pictures (photograph and painting) under copyright law
Yaniv Benhamou & Ana Andrijevic
11. Performers’ rights and artificial intelligence
Richard Arnold
12. AIn’t it just software?
Shubha Ghosh
13. Can artificial intelligence infringe copyright? Some reflections
Enrico Bonadio, Plamen Dinev and Luke McDonagh
PART III. TRADE MARKS AND DESIGNS
14. Computational trademark infringement and adjudication
Daryl Lim
15. Online shopping with artificial intelligence: what role for trade marks?
Anke Moerland and Christie Kafrouni
16. Trademark law, AI-driven behavioral advertising, and the Digital Services Act: toward source and parameter transparency for consumers,
brand owners, and competitors
Martin Senftleben
17. A quotidian revolution: artificial intelligence and trade mark law
Dev S. Gangjee
18. The impact of AI on designs law
Trevor Cook
PART IV. PATENTS AND TRADE SECRETS
19. Legal fictions and the corporation as an inventive artificial intelligence
Dennis Crouch
20. Economic reasons to recognise AI inventors
Benjamin Mitra-Kahn
21. Reverse engineering (by) artificial intelligence
Shawn Bayern
22. Trade secrets versus the AI explainability principle
Rita Matulionyte and Tatiana Aranovich
23. The inventive step requirement and the rise of the AI machines
Noam Shemtov and Garry A. Gabison
24. Trade secrecy, factual secrecy and the hype surrounding AI
Sharon K. Sandeen and Tanya Aplin

Index