Analytics and EU Courts: The Case of Trademark Disputes
Samuel Dahan and others, ‘Analytics and EU Courts: The Case of Trademark Disputes’ in Tamara Capeta and Iris Goldner Lang (eds), The Changing European Union: A critical view on the role of the Courts (Hart Publishing 2022). This chapter is a drawn from a report commissioned by the EUIPO.
27 Pages Posted: 18 Feb 2021 Last revised: 24 Oct 2022
Date Written: October 15, 2020
This paper discusses potential applications for computer analytics in EU courts given the technological transformations triggered by COVID 19. We argue that zoom hearings are only a temporary solution to the access to justice crisis, and more effort will be needed to address the issue of access to justice and legal help.
We explore accessible AI-powered legal help and how such technology operates in practice. We have chosen trademark disputes as a test case, given recent innovations in this field. Specifically, we review how a combination of online dispute resolution (ODR) and predictive analytics employing machine learning and deep learning can be useful in EU trademark dispute resolution. The system we discuss serves as a legal aid tool for small- to medium-sized enterprises (SMEs) to determine potential IPR violations.
We further discuss empirical evidence concerning the feasibility and performance of the system, especially concerning image retrieval, services and goods classification, verbal comparison, and the predictability of trademark disputes, with a focus on the likelihood of confusion. Finally, we discuss how legal aid technology can be incorporated into court processes, with specific focus on how adjudicators may use Artificial Intelligence tools to make better and more consistent decisions.
Keywords: Data analytics - EU law - Rule of Law - AI - Trademark - IP
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