Critically discuss whether the approach taken by the UK Intellectual Property IPO
In March 2021, following a consultation period, the UK Intellectual Property Office (IPO) published its “Government response to call for views on artificial intelligence and intellectual property”.(Link)
The IPO identified several actions to further investigate policy interventions that could strengthen IP protection for AI-generated inventions and intellectual creations. Two of the actions identified are as follows:
· Patents
1. Build on the suggestions made by respondents and consult later this year on a range of possible policy options, including legislative change, for protecting AI-generated inventions that would otherwise not meet inventorship criteria.
· Copyright
6. Consult on whether to limit copyright in original works to human creations (including AI-assisted creations). In tandem with this, consult on whether or not to replace the existing protection for computer-generated works with a related right, with scope and duration reflecting investment in such works. Also consider whether action should be taken to reduce confusion between human and AI works, and the risk of false-attribution.
Following an additional consultation, in June 2022 the IPO has decided not to recommend any legislative changes to address the two actions identified above (see “Artificial Intelligence and Intellectual Property: copyright and patents: Government response to consultation”).(Link)
Critically discuss whether the approach taken by the IPO to the two key issues identified in the actions above (protection of AI-generated inventions that do not meet inventorship criteria, and protection of computer-generated works under copyright or a related right) meets the needs and expectations of the LegalTech industry. In doing so, make sure to
(i) identify typical use cases for AI in LegalTech,
(ii) compare and critically analyse the different policy options available, and
(iii) evaluate the impact of the IPO’s decision, and of any other policy option that you consider appropriate, on the development of LegalTech in the United Kingdom.
