Artificial Intelligence and Intellectual Property

441 Pages·2021·3.92 MB·English

by  Reto Hilty, Jyh-An Lee, Kung-Chung Liu

Artificial Intelligence
and Intellectual Property

Artificial Intelligence
and Intellectual Property
Edited by
JYH- AN LEE, RETO M HILTY,
AND KUNG- CHUNG LIU
1
3
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List of Contributors
Feroz Ali is a legal consultant with the Vision Realization Office, Ministry of Health, Saudi
Arabia. He is a visiting professor at National Law School of India University, Bangalore, his
alma mater, where he teaches the course, ‘Regulating Artificial Intelligence’. He was the first
Intellectual Property Rights (IPR) Chair Professor at the Indian Institute of Technology
(IIT) Madras, where he worked closely with the IPM Cell and the Dean ICSR in managing
their IPR portfolio. He offers online courses in intellectual property law on the NPTEL/
Swayam platform. As an advocate, he has represented clients before the Patent Office,
Intellectual Property Appellate Board, and High Courts and Supreme Court of India. He
founded Techgrapher.com, a platform for managing intellectual property and LexCampus.
in, a portal that trains patent professionals. He has authored three books on patent law. He
is an alumnus of Trinity College, University of Cambridge, and Duke University School
of Law.
Hao- Yun Chen is an Assistant Professor at the College of Law at National Taipei University
in Taiwan. She holds an LLD from Nagoya University in Japan. Prior to joining National
Taipei University, she taught at National Taiwan University of Science and Technology. She
teaches and researches in the field of intellectual property law, with special emphasis on the
enforcement of patent rights, trademark protection and unfair competition law, copyright
issues arising from new technology, and the relation between intellectual property law and
competition law. Before starting her academic career, she worked as an associate attorney in
a law firm in Taiwan.
Conrado Freitas is an in-h ouse trademark counsel. Prior to that, he has contributed to sev-
eral IP- related research projects as a Research Assistant at the Institute for Globalisation and
International Regulation— IGIR, at Maastricht University. He holds an LLM in Intellectual
Property Law and Knowledge Management from Maastricht University. He also holds a
bachelor’s degree in Law from the Federal University of Rio de Janeiro, Brazil, and has com-
pleted several IP courses from WIPO and Brazilian IP Associations. Conrado is a qualified
lawyer in Brazil with over seven years’ experience in total in the intellectual property field.
Andres Guadamuz is a Senior Lecturer in Intellectual Property Law at the University of
Sussex and the Editor- in- Chief of the Journal of World Intellectual Property. His main re-
search areas are: artificial intelligence and copyright, open licensing, cryptocurrencies, and
smart contracts. Andres has published two books, the most recent of which is Networks,
Complexity and Internet Regulation, and he regularly blogs at Technollama.co.uk. He has
acted as an international consultant for the World Intellectual Property Organization
(WIPO), and has done activist work with Creative Commons.
viii List of Contributors
Andrew Fang Hao Sen is a family physician and a medical informatics practitioner at
SingHealth. He has over ten years’ experience in the medical field. He graduated from
the Yong Loo Lin School of Medicine, National University of Singapore (NUS), and fur-
thered his medical education to obtain a Master of Medicine (Family Medicine). He also
holds a Master of Technology (Enterprise Business Analytics) from NUS and graduated
with the IBM Medal and Prize. He also lectures at the NUS Department of Statistics and
Applied Probability. He is passionate about exploring and using technology to improve
healthcare delivery, and his research focus is on healthcare analytics for clinical decision
support.
Tianxiang He is Assistant Professor at the School of Law, City University of Hong Kong,
where he serves as the Associate Director of the LLM Programme. He holds an LLB de-
gree (Huaqiao University, China, 2007) and a master’s degree in International Law (Jinan
University, China, 2009). He received his PhD in IP law at Maastricht University (the
Netherlands, 2016) and another PhD in Criminal Law at Renmin University of China
(2017). He is the author of Copyright and Fan Productivity in China: A Cross-j urisdictional
Perspective (Springer 2017). He is an Elected Associate Member of the International
Academy of Comparative Law (IACL). His research focuses on comparative intellectual
property law, law and technology, and the intersections between the regulative framework
of cultural products and fundamental rights such as freedom of speech.
Reto M Hilty is Director at the Max Planck Institute for Innovation and Competition
in Munich, Germany. He is a full Professor ad personam at the University of Zurich and
Honorary Professor at the Ludwig Maximilian University of Munich. In 2019, he received
an Honorary Doctorate from the University of Buenos Aires. He specializes in intellectual
property and competition law with a further focus on IP-s pecific contract law. Moreover,
his research centres on the impact of new technologies and business models on intellec-
tual property rights and the European and international harmonization of intellectual
property law.
Jörg Hoffmann is a Junior Research Fellow at the Max Planck Institute for Innovation
and Competition, Munich, a doctoral candidate at the Ludwig Maximilian University of
Munich, and a fully qualified lawyer in Germany. He studied law at UCL and the Ludwig
Maximilian University of Munich, where he obtained his law degree with a specialization
in European Law and Public International Law. His main research interests lie in the fields
of intellectual property and competition law with a major focus on the implications of the
digital economy on the regulatory framework pertaining to innovation and competition in
data- driven markets.
Ivan Khoo Yi is currently a doctor in Singapore’s primary healthcare industry. He was edu-
cated within the Singapore school system and graduated from the prestigious Yong Loo Lin
School of Medicine, National University of Singapore in 2010. During his time in medicine,
he received an award as one of the best house officers during his houseman year, and went
on to practice otorhinolaryngology for a brief period. In 2016, seeking a new challenge, he
List of Contributors ix
enrolled in the Singapore Management University Juris Doctor programme, and graduated
in 2019 with summa cum laude. His education in law has fundamentally changed his out-
look towards the practice of medicine.
Jyh-A n Lee is an Associate Professor of Law at the Chinese University of Hong Kong,
where he currently serves as the Assistant Dean for Undergraduate Studies and Director
of the LLB Programme. He holds a JSD from Stanford Law School and an LLM from
Harvard Law School. Prior to joining the Chinese University of Hong Kong, he taught
at National Chengchi University and was an Associate Research Fellow in the Center
for Information Technology Innovation at Academia Sinica in Taiwan. He was the Legal
Lead and Co- Lead of Creative Commons Taiwan (2011– 14) and an advisory com-
mittee member for Copyright Amendment in the Taiwan Intellectual Property Office
(TIPO) at the Ministry of Economic Affairs (2011– 14). He has been the Legal Lead of
the Creative Commons Hong Kong Chapter since October 2018. Before starting his aca-
demic career, he was a practising lawyer in Taiwan, specializing in technology and busi-
ness transactions.
Matthias Leistner is Professor of Private Law and Intellectual Property Law, with
Information and IT-L aw (GRUR Chair) at LMU Munich. He studied law in Berlin, Brussels,
Munich, and Cambridge, obtaining his PhD at the Max Planck Institute Munich, Max
Planck Institute for Innovation and Competition in Munich; Dr. iur., LMU Munich 1999,
and LLM, University of Cambridge 2004. He completed his Habilitation (Post- doc thesis) at
LMU Munich 2006. Apart from his Chair at LMU Munich, at present, he is a Member of the
Faculty of the Munich Intellectual Property Law Center (MIPLC), and a guest professor for
European Intellectual Property Law at the University of Xiamen, China, and at the Tongji
University, Shanghai. He was an International Short Term Visiting Professor at Columbia
Law School in the Spring Term 2020. His areas of expertise are intellectual property law, un-
fair competition law, and data and information law.
Jianchen Liu holds the position of Research Associate at ARCIALA, School of Law,
Singapore Management University. He is also a PhD candidate at Renmin University of
China, majoring in IP law and an LLM candidate at Columbia Law School. He focuses his
research on the intersection between AI and IP law, as well as competition law and data pro-
tection. To date, he has published over ten articles on these topics in several law journals.
Prior to pursuing his academic career, he worked as an IP lawyer for a world-r enowned US
law firm and a leading Chinese law firm for three years.
Kung- Chung Liu is Lee Kong Chian Professor of Law (Practice) and founding Director
of Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA) of
Singapore Management University. He is also a professor of Renmin University of China and
the Graduate Institute of Technology, Innovation and Intellectual Property Management,
National Chengchi University, Taiwan. His teaching and research interests are intellectual
property law, antitrust and unfair competition law, communications law, and the interface
between those disciplines, with a geographic focus on greater China and Asia.
x List of Contributors
Ming Liu serves as Head of the Research Division at the Patent Re- examination Board
(PRB) of the National Intellectual Property Administration of China (CNIPA). He is a high-
level member, a second- level examiner, and an expert of the Standing Panel for Examining
Matters at CNIPA. He has significant experience in patent examination and invalidation. He
has worked for CNIPA since 2002 after obtaining his MS degree from Chinese Academy of
Sciences, first as a patent examiner, then transferred to PRB in 2007, and since then has con-
tinued hearing patent invalidation cases, many of which have been highly influential, both
domestically and overseas. He has also been involved in the legislative process of the Patent
Law, and the Implementing Rules of Patent Law and Guidelines for Patent Examination. He
has published twenty articles in foreign and domestic academic journals.
Eliza Mik is an Assistant Professor at the Chinese University of Hong Kong Faculty of Law.
She holds a PhD in contract law from the University of Sydney. She has taught courses in
contract law and in the law of e- commerce at the Singapore Management University and the
University of Melbourne, as well as courses in FinTech and Blockchain at Bocconi University
in Milan. In parallel with a line of research focused on distributed ledger technologies and
smart contracts, she is involved in multiple projects relating to the legal implications of
transaction automation. Eliza holds multiple academic affiliations, including those with the
Tilburg Institute for Law, Society and Technology (TILT) and the Center for AI and Data
Governance in Singapore. Before joining academia, Eliza worked in-h ouse in a number of
software companies, Internet start- ups, and telecommunication providers, where she ad-
vised on technology procurement, payment systems, and software licensing.
Anke Moerland is Assistant Professor of Intellectual Property Law in the European and
International Law Department, Maastricht University. Her research relates to the interface
of intellectual property law and political science, with a focus on governance aspects of in-
tellectual property regulation in international trade negotiations, and more specifically in
the area of geographical indications and trade mark law. Dr. Moerland holds degrees in law
(Maastricht University) and international relations (Technical University Dresden), with a
PhD in intellectual property protection in EU bilateral trade agreements from Maastricht
University. Since 2017, she has coordinated the EIPIN Innovation Society, a four-y ear
Horizon 2020 grant under the Marie Skłodowska Curie Action ITN- EJD. Since 2018, she
has held a visiting professorship in Intellectual Property Law, Governance and Art at the
School of Law, Centre for Commercial Law Studies of Queen Mary University of London.
Ichiro Nakayama is Professor of Law, Graduate School of Law, Hokkaido University. Before
he joined Hokkaido University in 2019, he served as Associate Professor of School of Law
at Shinshu University from 2005 to 2009 and Professor of School of Law at Kokugakuin
University from 2009 to 2019. Prior to joining academia, Professor Nakayama originally
joined the Ministry of International Trade and Industry (MITI) in 1989 and spent six-
teen years in the Government of Japan, where he worked not only in intellectual property
law and policies but also other fields including energy policies and national security pol-
icies. Professor Nakayama received an LLB in 1989 from the University of Tokyo, LLM in
1995 from the University of Washington, and MIA in 1997 from Columbia University. He
List of Contributors xi
has published a number of articles in the field of intellectual property law with a focus on
patent law.
Anselm Kamperman Sanders is Professor of Intellectual Property Law, Director of the
Advanced Masters Intellectual Property Law and Knowledge Management (IPKM LLM/
MSc), and Academic Director of the Institute for Globalization and International Regulation
(IGIR) at Maastricht University, the Netherlands. He acts as Academic Co- director of the
Annual Intellectual Property Law School and IP Seminar of the Institute for European
Studies of Macau (IEEM), Macau SAR, China and is Adjunct Professor at Jinan University
Law School, Guangzhou, China. Anselm holds a PhD from the Centre for Commercial Law
Studies, Queen Mary University of London, where he worked as a Marie Skłodowska- Curie
Fellow before joining Maastricht University in 1995. For the UN he was member of the ex-
pert group for the World Economic and Social Survey 2018. Anselm sits as deputy judge in
the Court of Appeal in The Hague, which has exclusive jurisdiction on patent matters.
Stefan Scheuerer is a Junior Research Fellow at the Max Planck Institute for Innovation
and Competition, Munich, a doctoral candidate at the Ludwig Maximilian University of
Munich (LMU), and a fully qualified lawyer in Germany. He is a member of the Max Planck
Institute’s research group on the regulation of the digital economy. Previously, he studied
law at LMU with a specialization in intellectual property law, competition law, and media
law, and gained practical experience in these fields in the course of several internships, inter
alia at the European Commission, DG Competition, Brussels. His main research interests
lie in the fields of intellectual property law, unfair competition law, legal theory, and law and
society, especially in the context of the digital economy.
Daniel Seng is an Associate Professor of Law and Director of the Centre for Technology,
Robotics, AI & the Law (TRAIL) at NUS. He teaches and researches on information tech-
nology and intellectual property law. He graduated with firsts from NUS and Oxford and
won the Rupert Cross Prize in 1994. His doctoral thesis with Stanford University involved
the use of machine learning, natural language processing, and data analytics to analyse the
effects and limits of automation on the DMCA takedown process. Dr. Seng is a special con-
sultant to the World Intellectual Property Organization (WIPO) and has presented and
published papers on differential privacy, electronic evidence, information technology, in-
tellectual property, artificial intelligence, and machine learning at various local, regional,
and international conferences. He has been a member of various Singapore government
committees that undertook legislative reforms in diverse areas such as electronic commerce,
cybercrimes, digital copyright, online content regulation, and data protection.
Peter R Slowinski is a Junior Research Fellow at the Max Planck Institute for Innovation
and Competition in Munich. He is admitted as attorney-a t- law (Rechtsanwalt) in Germany
as well as a qualified mediator. In addition, he holds a Master of the Science of Law (JSM)
from Stanford Law School after completing the Stanford Program in International Legal
Studies (SPILS). He has given lectures at Stanford Law School and the Munich Intellectual
Property Law Center (MIPLC). Until 2016, he practised as a patent litigator in infringement
xii List of Contributors
and nullity proceedings in Germany. His research focuses on patents and dispute resolution.
He has published on copyright and patent law. Mr. Slowinski has conducted an empirical
study on mediation proceedings in patent law and participated in the SPC Study of the Max
Planck Institute. He is a member of the research groups on data- driven economies and AI as
well as life sciences.
Anthony Man-C ho So received his BSE degree in Computer Science from Princeton
University with minors in Applied and Computational Mathematics, Engineering and
Management Systems, and German Language and Culture. He then received his MSc
and PhD degrees in Computer Science with a PhD minor in Mathematics from Stanford
University. Professor So joined CUHK in 2007 and is currently Professor in the Department
of Systems Engineering and Engineering Management. His research focuses on optimiza-
tion theory and its applications in various areas of science and engineering, including com-
putational geometry, machine learning, signal processing, and statistics. He has received a
number of research and teaching awards, including the 2018 IEEE Signal Processing Society
Best Paper Award, the 2016–1 7 CUHK Research Excellence Award, the 2013 CUHK Vice-
Chancellor’s Exemplary Teaching Award, and the 2010 Institute for Operations Research
and the Management Sciences (INFORMS) Optimization Society Optimization Prize for
Young Researchers.
Benjamin Sobel is an Affiliate at Harvard University’s Berkman Klein Center for Internet
& Society. His research and teaching examine the way digital media, artificial intelligence,
and networked devices influence intellectual property, privacy, security, and expression. His
article, ‘Artificial Intelligence’s Fair Use Crisis’, was among the first publications to compre-
hensively examine the intersection between machine learning technology and the fair use
doctrine in US copyright law.
Shufeng Zheng is a research associate of Applied Research Centre for Intellectual Assets and
the Law in Asia (ARCIALA) of Singapore Management University and a PhD student at the
Peking University. Before this, she was a Research Assistant in Peking University Science
and Technology Law Research Center, and obtained a master’s degree in Common Law
from the University of Hong Kong and a master’s degree in Intellectual Property Law from
the Peking University. Her research focuses on the protection of and access to data, copy-
right licence scheme, and patent protection for software-r elated inventions.
Raphael Zingg is an Assistant Professor at Waseda University, Institute for Advanced Study,
Tokyo, and a Research Fellow at the ETH Zurich, Center for Law & Economics. He has
worked as a visiting scholar at a number of foreign institutions, notably the University of
California in Berkeley, the University of Hong Kong, Singapore Management University,
and the Max Planck Institute for Innovation and Competition in Munich. His scholarly
fields of interest include the study of the patent system, biotechnology, nanotechnology, arti-
ficial intelligence laws, and the protection of cultural heritage. He received his PhD from the
ETH Zurich, and his degrees in law from the universities of Zurich, Fribourg, and Paris II.