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Research Handbook on Intellectual Property and Artificial Intelligence

Research Handbook on Intellectual Property and Artificial Intelligence

Author: Ryan Abbott
Publisher: Edward Elgar Publishing
ISBN: 9781800881891
Published In: January 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 3,042.00

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Description
Contents

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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.

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

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