Online Shopping with Artificial Intelligence: What Role to play for Trade Marks?
19 Pages Posted: 18 Oct 2021 Last revised: 29 Aug 2022
Date Written: October 14, 2021
The debate on how artificial intelligence (AI) influences intellectual property protection has so far mainly focussed on its effects for patent and copyright protection. Not much attention has been paid to the effects of artificial intelligence technology for trade mark law. In particular, what has not yet been sufficiently investigated is the question as to whether trade marks still fulfil their role in a world in which consumers are assisted by AI technology when purchasing in the online market place. In how far do we still need trade marks to avoid consumer confusion? Or do the other functions of trade marks justify their continuous protection? In view of the fact that intellectual property rights have a market-distorting effect, it is in society’s interest to question whether trade mark protection is still justified.
Moerland, A. and Kafrouni, C., Online Shopping with Artificial Intelligence: What Role to play for Trade Marks?, in: Abbott, R. (forthcoming), Research Handbook on Intellectual Property and Artificial Intelligence, Edward Elgar Publishing
Keywords: AI, artificial intelligence, trade mark functions, trademarks, average consumer, EU law, relevant public
JEL Classification: K33, K11
Suggested Citation: Suggested Citation