Detecting and Prosecuting IP Infringement with AI: Can the AI Genie Repulse the Forty Counterfeit Thieves of Alibaba?

Artificial Intelligence & Intellectual Property, 2019

54 Pages Posted: 15 Sep 2020 Last revised: 14 Oct 2020

See all articles by Daniel Kiat Boon Seng

Daniel Kiat Boon Seng

Director, Centre for Technology, Robotics, AI and the Law, Faculty of Law, National University of Singapore

Date Written: November 29, 2019

Abstract

Drawing from available quantitative and qualitative data, this chapter briefly identifies and describes the automated as well as the more sophisticated AI-driven systems deployed to detect and enforce IPR infringement by trademark and copyright holders in the online environment. It studies the legal basis for the use of such automated systems in copyright and trademark laws, and examines how such automated systems have upended, refocused and altered many of the issues of IPR infringement and their enforcement. This chapter will also look at the problems of non-compliant Digital Millennium Copyright Act take-down notices, opportunistic copyright trolls, and non-interventionist Internet intermediaries, review the relevant judicial and legislative treatments including those in the Directive on Copyright in the Digital Single Market, and propose possible solutions to these problems.

Keywords: Artificial Intelligence, Intermediary Liability, Intellectual Property Infringement, Copyright, Trademarks, Digital Millennium Copyright Act, Directive on Copyright in the Digital Single Market, Take-Down Notices

Suggested Citation

Seng, Daniel Kiat Boon, Detecting and Prosecuting IP Infringement with AI: Can the AI Genie Repulse the Forty Counterfeit Thieves of Alibaba? (November 29, 2019). Artificial Intelligence & Intellectual Property, 2019, Available at SSRN: https://ssrn.com/abstract=3686469

Daniel Kiat Boon Seng (Contact Author)

Director, Centre for Technology, Robotics, AI and the Law, Faculty of Law, National University of Singapore ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

HOME PAGE: http://https://law.nus.edu.sg/trail/

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