WIPS global: [International IP Briefing] EP, INDIA

European Patent Office opens ‘Observatory on Patents and Technology’

On 6 October, the European Patent Office (EPO) announced that they launched ‘Observatory on Patents and Technology’, a platform to ensure that everyone has an up-to-date understanding of the role of patents in innovation and emerging technologies.

(1) Overview and functions

The ‘Observatory on Patents and Technology’ ① explores trends and challenges across the innovation ecosystem, and ② provides all players such as innovators, investors, policymakers in innovation ecosystem with trustworthy information so that they can make informed decisions.

Specifically, we’d like to provide new digital libraries, research and consultations, events and forums in various technology and policy fields such as medicine, space-related innovation, finance, and climate change according to three activities: ① technical information, ② law and innovation policy, and ③ diversity and change.

We will also engage stakeholders to explore ways in which the patent system can be further developed to promote innovation, economic growth, employment, competitiveness and sustainable development. It will also be linked to sustainable development goals (UN SDGs).

(2) Future plans and expected effects

We will work to integrate patent intelligence into a broader context and strengthen the outlook through data, information and perspectives provided by other players within the innovation ecosystem.

The first event of the ‘Observatory on Patents and Technology’ will be held on October 17th under the theme of 'Vitalizing Startups with Intellectual Property.' At this event, we would like to find ways for high-tech startups to utilize intellectual property rights to develop and invest in innovative solutions.

At this event, a new joint study between the EPO and EUIPO (the European Union Intellectual Property Office) will be present on the use of patents and trademarks by European startups and the impact of these intellectual property rights on startups' funding and exit strategies.1)

epo.org

1) It means gradually reducing the scale of the quantitative easing policy adopted to stimulate the economy. (Source: Ministry of Strategy and Finance).

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https://www.kiip.re.kr/board/trend/view.do?bd_gb=trend&bd_cd=1&bd_item=0&po_item_gb=EU&po_no=22357

INDIA

India Legal, Analysis of Intellectual Property and Artificial Intelligence Issues

On May 16, 2023, India Legal, a communication media outlet specializing in Indian law, reported on the current status of artificial intelligence (AI) and intellectual property (IP) and the challenges that need to be solved in the future.

(1) AI and current IP law

(Patent) - As Indian patent law considers algorithms to be the basic building blocks of AI, AI programs cannot be patented. On the other hand, AI inventions based on underlying hardware built exclusively for applying AI are patentable.

(Copyright) - Indian copyright law states that only ‘natural persons (including corporations, businesses, and partnerships)’ can own copyright, so copyright for images created by AI programs is not recognized. However, provided that the copyright of others is not infringed, copyright for creative expressions generated by AI, such as art, songs, and music, can be secured, and the source code of a computer program is considered as a 'literary work' and is subject to copyright protection. Therefore, complex code used to develop AI programs may also be subject to copyright protection.

(2) Challenges of AI and IP

➤ Ownership - If a company and employees develop an AI system, the ownership of IP to the system may not clearly belong to the relevant organization or employee.

➤ Infringement - AI systems have the possibility of unintentionally infringing on the intellectual property rights of third parties, such as being accused of copyright infringement because the generated content is similar to existing works.

➤ Validity - The validity of patents on AI systems and the copyright eligibility of AI-generated content are still ambiguous.

➤ Licensing - Companies may be confused about the terms of license agreements and how to license AI-generated content in relation to AI systems.

➤ Trade Secret - AI-based software may be intentionally designed to learn and replicate specific algorithms, codes, and datasets, which may lead to information abuse and trade secret leakage.