International IP Experts Debate Protecting Artificial Intelligence Research

[Sean Flynn] A panel of leading international law experts addressed how international and domestic copyright law can adapt to the needs of researchers, libraries, technology entrepreneurs and their users at the American Branch of the International Law Association at Fordham Law School, New York, on Saturday October 12. The panel addressed International Intellectual Property Law in the Age of Smart Technology and Intelligent Machines. The focus of the discussion was on how the proliferation of new transformative technologies, such as smart devices, Big Data and artificial intelligence, pose new challenges for the effective development of international intellectual property law. Click here for more.

Copyright Flexibility Opens the Door to Decisive AI Advantages

[Andrew Rens] New copyright legislation will be the first government implementation of policy for the fourth industrial revolution in SA. The Copyright Amendment Bill of 2017 before the president for signature features copyright flexibilities needed for SA to benefit from the fourth industrial revolution. These will free SA entrepreneurs to develop innovative techniques of data analysis without holdup from copyright holders, to grow local data analysis capacity and allow innovation in artificial intelligence (AI) and the internet of things. Click here for more.

Caught in the Middle: WIPO and Emerging Economies

[Peter Yu] Abstract … How have emerging economies influenced the mandate, structure and activities of WIPO? What are the positive and negative impacts of these economies? Has their arrival transformed the U.N. specialized agency? Tackling these questions in turn, this chapter begins by describing the changing landscape in the international intellectual property regime. It then explores the emerging economies’ impacts on WIPO and its activities. The chapter concludes by offering insights into the organization’s future. Click here for more.

ReCreate ZA Opinion on the Copyright Amendment Bill and the Constitution

[ReCreate ZA] This opinion was prepared by advocates Susannah Cowen SC, Jonathan Berger, and Mehluli Nxumalo. Counsel were requested to consider whether there is any impediment to the President signing and assenting to the Bill, in light of various objections that have been raised by third parties. Counsel conclude that the objections that have been raised do not constitute any impediment to the President signing and assenting to the Bill, and unless there are other valid constitutional reservations, he is under a constitutional duty to sign and assent to the bill within a reasonable time. Click here for more.

R&D Costs and Pricing of Medicines and Health Technologies

[Kanaga Raja] The current model of medical innovation is ill-equipped to respond to the increasing emergence of infectious diseases amongst others, South Africa has underscored, in calling on WTO members to share their experiences of how TRIPS flexibilities have been used to address high prices and barriers on access to medical technologies and medicines. Click here for more.

Civil Society Groups Criticize WIPO Broadcast Treaty Limitations and Exceptions 

[Joint Memo from Seven Civil Society Groups] A panel of leading international law experts addressed how international and domestic copyright law can adapt to the needs of researchers, libraries, technology entrepreneurs and their users at the American Branch of the International Law Association at Fordham Law School, New York, on Saturday October 12. The panel addressed International Intellectual Property Law in the Age of Smart Technology and Intelligent Machines. The focus of the discussion was on how the proliferation of new transformative technologies, such as smart devices, Big Data and artificial intelligence, pose new challenges for the effective development of international intellectual property law. Click here for more.

The Right to Read

[Linda Daniels] The Copyright Amendment Bill gives those with disabilities greater access to copyrighted material while supporting education and creators. But it is yet to be signed into law and not everyone is behind it. Click here for more.

Patent Inventorship and Ownership Issues on Inventions Developed by Humans Using Artificial Intelligence

[Pratap Devarapalli] Abstract: Artificial intelligence (AI) is immensely capable of questioning this human ‘self-awareness’ by replicating the human potential to think, sense and also to make decisions in any knowledge field. Advanced research in AI has identified increasingly diverse applications of AI all over the globe. One of the crucial aspects of these AI programs is; even though the instructions have been given by the programmers, the final creative output is sometimes generated by intelligent machines by taking decisions by themselves based on the dense neural networks. In view of the above, some argue that the inventorship rights for such inventions should be owned by intelligent machines. Nevertheless, researchers and legal experts suggest that the inventions developed by machines will always need human intervention and creative input. Click here for more.

“Pay for Delay” Legislation Signed in California

[Thomas Sullivan] … Assembly Bill 824, is commonly referred to as the “Pay for Delay” bill. The law makes it unlawful for companies to settle patent infringement claims filed by generic manufacturers by providing “anything of value” in exchange for settlement. Any attempts to settle in such a fashion will be considered anti-competitive and open the company to civil litigation. The law becomes effective January 1, 2020. By signing AB 824 into law, California is now the first state in the nation to prevent deals between pharmaceutical companies in which one company pays a generic competitor to delay research, production, or sale of a competitive drug. Click here for the full story on policymed.com.