Intellectual Property Justification for Artificial Intelligence

Draft chapter. Forthcoming in: J.-A. Lee, K.-C. Liu, R. M. Hilty (eds.), Artificial Intelligence & Intellectual Property, Oxford, Oxford University Press, 2020, Forthcoming

Max Planck Institute for Innovation & Competition Research Paper No. 20-02

29 Pages Posted: 24 Feb 2020

See all articles by Reto Hilty

Reto Hilty

Max Planck Institute for Innovation and Competition; University of Zurich; Ludwig Maximilian University of Munich (LMU)

Jörg Hoffmann

Max Planck Institute for Innovation and Competition

Stefan Scheuerer

Max Planck Institute for Innovation and Competition

Date Written: February 11, 2020

Abstract

Against the backdrop of the current discussion of how AI reshapes certain IP paradigms, this chapter reassesses the need for IP protection in AI markets per se. We assess the question of justification of IP rights for both AI as a tool and AI-generated output in light of the very theoretical foundations of IP protection (from both legal embedded deontological and utilitarian economic standpoints). Traditionally, IP is granted due to deontological reasoning according to which a human creator’s efforts and personality have to be awarded and protected, and economic reasoning, according to which exclusive rights in intangible goods have to be established in order to remedy market failure in public goods markets. IP ought to serve as a regulatory system of stimulation of creation and innovation using market forces to achieve this goal. Based on the current state of knowledge however, it seems that specific market implications of the widespread use of most AI applications may have altered the justification for AI-related IP protection in certain cases. Whereas this seems particularly true regarding AI tools, the case for AI outputs may be different.

Keywords: artificial intelligence, machine learning, intellectual property, intellectual property justification, innovation, software, algorithm, black box, technology, digital economy

Suggested Citation

Hilty, Reto and Hoffmann, Jörg and Scheuerer, Stefan, Intellectual Property Justification for Artificial Intelligence (February 11, 2020). Draft chapter. Forthcoming in: J.-A. Lee, K.-C. Liu, R. M. Hilty (eds.), Artificial Intelligence & Intellectual Property, Oxford, Oxford University Press, 2020, Forthcoming, Max Planck Institute for Innovation & Competition Research Paper No. 20-02, Available at SSRN: https://ssrn.com/abstract=3539406

Reto Hilty (Contact Author)

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

HOME PAGE: http://www.ip.mpg.de

University of Zurich

Rämistrasse 74/7
Zürich, CH-8001
Switzerland

Ludwig Maximilian University of Munich (LMU)

Munich, 80539
Germany

Jörg Hoffmann

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
München, Bayern 80539
Germany

Stefan Scheuerer

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
368
Abstract Views
1,344
rank
91,459
PlumX Metrics