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WIPO conversation on intellectual property and artificial intelligence

Artificial intelligence will increasingly pose a range of significant challenges for intellectual property.  Are AI created works and inventions capable of receiving intellectual property protection?  Should they be afforded that protection?  Does a human creator need to be involved to attract protection?  Should “deep fakes” be regulated by copyright or some other process?  And on the infringement side, can AI infringe someone else’s intellectual property rights? 

These topics are up for discussion at the World Intellectual Property Organisation’s public online “Conversation on intellectual property and artificial intelligence” in three daily sessions from 7 to 9 July 2020, aimed at formulating questions to be addressed by national policymakers around the world.  There is an issues paper which sets out topics for discussion.  These sessions are the second in the series, following the first session in October 2019, and then public submissions in the meantime.

At present, Australia’s various intellectual property regimes are unlikely to protect creations made by AI or autonomous technologies. Whether this will change will, in part, depend on international consensus as to whether AI creations ought to be protected.  It is probable that some level of international consistency (and even a specific treaty on this topic) will emerge over time, and forums such as WIPO will shape future policy approaches. 

Link to meeting documents (WIPO) and sign-up page 


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