Intellectual Property and the AI Revolution - Implications for Higher Education Institutions

Following on from its White Paper on AI in February 2020, the European Commission has led the way with its extensive 2021 Work Programme and a series of documents detailing co-ordinated plans to create a Europe 'fit for the digital age'.

In a proposed regulation, it sets out a legal framework through which it seeks to address the protection of the underlying rights in AI systems. Pending adoption of its proposals, collaboration with member states to effect implementation of the Commission’s plans continues apace.

Meanwhile in the UK, during September 2021:

• the Court of Appeal ruled in favour of the Intellectual Property Office’s (IPO) decision that the AI machine called DABUS could not be an inventor for patent purposes in rejecting the appeal raised by Stephen Thale

• the Government published its national AI strategy document, setting out plans to secure the UK’s position as a major global AI player through its investment in an AI ecosystem, AI innovation and governing AI effectively

The Government has already implemented some of the shorter term objectives outlined in its strategy, such as the publication by the Centre for Data Ethics and Innovation of a roadmap outlining steps to an effective AI assurance ecosystem and the launch of a consultation through the IPO on:

• the question of copyright protection for AI

• possible licensing or exceptions to copyright for text and data mining

• whether the IPO should protect inventions made by AI – should the definition of ‘inventor’ under current law be broadened to include individuals responsible for the AI system

What Does This Mean for AI?

We do not yet know how the IPO’s findings might shape legislation. However, there is no doubt that the primary assumptions behind the AI strategy document anticipate forthcoming regulatory and legislative change.

The Government has also actioned the creation of a new AI standards hub which, in its pilot phase, will focus on education, training and collaboration across the AI community in the development of AI technical standards.

Clarity on the vast array of IP issues raised by AI we do not have, but what is clear is the strong momentum driving the UK’s ambitions to ensure that we are well placed to take advantage of AI across the global stage.

For further information on how these IP and AI issues may affect your Higher Edcuation institution please contact Sarah Webb in our Commercial Law team on 07718 384 965 or complete the form below.