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Intellectual Property and Competition Law

Implementing User Rights for Research in the Field of Artificial Intelligence: A Call for International Action

Flynn, SeanImplementing User Rights for Research in the Field of Artificial Intelligence: A Call for International Action EIPR 42, 7 (2020), 393 - 398 (together with Christophe Geiger et al.).

Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence (AI). We contributed comments to that inquiry, with a focus on the application of copyright to the use of text and data mining (TDM) technology. This article describes some of the most salient points of our submission and concludes by stressing the need for international leadership on this important topic. WIPO could help fill the current gap on international leadership, including by providing guidance on the diverse mechanisms that countries may use to authorise TDM research and serving as a forum for the adoption of rules permitting cross-border TDM projects.

Also published as: American University, WCL Research Paper No. 2020-12