By Andres Izquierdo and Haddija Jawara
The 33rd Session of the Committee on Development and Intellectual Property (CDIP) wrapped up last week, with discussions focusing on the transformative potential of artificial intelligence (AI) in intellectual property (IP) systems. One of the standout moments was the panel on AI Impacts for IP and Development, led by ADG Natsume and the WIPO Academy. Presentations and statements from member states emphasized AI’s growing influence in shaping the future of IP and development, while also highlighting critical challenges and opportunities.
During the session, Member states explored AI’s role in streamlining IP processes, fostering innovation, and addressing global challenges. Chile, on behalf of GRULAC, emphasized the need to expand access to AI tools like the IPAS system. China highlighted its advancements in patent examination and document drafting using AI technologies, showcasing significant efficiency gains. Kenya and Cameroon stressed the importance of ensuring equitable access to AI for developing countries and protecting traditional knowledge. Brazil called for legislative reforms to tackle copyright violations and anti-competitive practices stemming from AI’s use. Mexico and Nigeria underscored the need for multilateral cooperation and centralized policy frameworks to address AI’s implications comprehensively. Meanwhile, the U.S., UK, and Switzerland highlighted the potential of AI to drive sustainability, health innovation, and capacity building, particularly for developing nations. These discussions reinforced the importance of collaboration and inclusivity in leveraging AI as a tool for global progress.
Beyond AI, the Committee adopted four impactful project proposals aimed at strengthening IP systems and supporting development. Namibia proposed a project to enhance the capacity of copyright offices to offer cost- and time-efficient alternative dispute resolution (ADR) services. Brazil introduced the creation of a WIPO Observatory of National Intellectual Property Strategies (NIPS), designed to help member states, particularly developing and least developed countries, develop and implement effective IP strategies. Saudi Arabia proposed celebrating World Intellectual Property Examiners Day on November 11 to highlight the vital role of IP examiners in supporting IP systems. Finally, Angola, Brazil, Cabo Verde, and Portugal jointly submitted a project to empower young musicians by equipping them with skills to navigate streaming platforms and use IP tools to advance their careers in the music industry.
With its focus on cutting-edge technologies like AI and the adoption of four new project proposals, the 33rd session of CDIP underscored the critical role of IP in addressing global challenges and fostering sustainable development. These discussions and decisions are set to shape the trajectory of international IP systems.
TRANSCRIPT OF THE COUNTRY STATEMENTS AFTER THE AI PRESENTATION
“CHILE (GRULAC COORDINATOR): Thank you very much, Madam Chair.
We would like to sincerely thank the Secretariat for their detailed and excellent presentations and in particular on the application of AI tools in industrial property offices in the IPAS system of the organization. We are interested that various IP offices in the region are using the system.
We find among them the Antigua, Bravura, Chilean, Costa Rica, Ecuadorian, Dominican Republic and Uruguayan offices in Chile so they can benefit in practical terms from the AI uses for patents and other IP applications. We are interested in exploring the possibility of developing a project under this Committee making available AI tools for IP offices that use the IPAS system.
Thank you very much.
CHINA: Thank you, Madam Chair. I would also like to thank the Secretariat for these presentations. We were greatly inspired by them. The application of artificial intelligence facilitates the management of country systems and IP systems and we are very happy to share our practices and our use of artificial intelligence in the management of the Intellectual Property of our office. The development of artificial intelligence is a huge opportunity. In 2018, the Chinese IP office developed a dedicated system using AI to facilitate the submission of patents. We have integrated advanced technology in the area of AI for the examination of patent applications and we have above all used imagery technology and translation, et cetera, technology which has helped us to make progress in improving our effectiveness and efficiency and through AI, we have managed to deal with 2 million tasks related to examination exercises of patents and we have reduced further the length of examinations. Now, the IP of China is investing more in the development of algorithms using AI. China is a depository country of a large amount of data and we are prepared to develop models of artificial intelligence of the next generation, and we would take this opportunity now to tell you that we use AI in drafting documents and we also use it when designing images and categorization as well. Also summing, providing summaries of technology descriptions and also in other areas. As our next step, we are going to optimize and further improve the use of this new technology to adapt better to the changes involved in the digital world.
NETHERLANDS, KINGDOM OF THE (GROUP B COORDINATOR): Thank you, Madam Chair.
Group B thanks the Secretariat for their excellent presentations on this subject. We note a successful side event on this topic was also held this week by Mexico, Indonesia, Republic of Korea, Turkey and Australia and we extend our congratulations to them.
AI is a rapidly evolving field. We must be mindful of the risks and opportunities AI presents to development. AI could have a transformative impact on a range of challenges and intellectual property plays an important role in this, supporting innovators to harness AI’s potential, ensuring IP rights are considered and respected. We welcome continued discussions on how IP offices should be addressing these challenges and how we might auto-address them in the future as well. Our group remains committed to working together to make sure that AI can serve as a valuable collaborative tool for human creators and innovators, effectively contributing to global economic growth and progress. Thank you, Madam Chair.
KENYA (AFRICAN GROUP COORDINATOR): Thank you, Madam Chair. Kenya is honored to deliver this statement on behalf of the African Group. The African Group thanks the Secretariat for the informative presentations on artificial intelligence and its implications on Intellectual Property and development.
The group is cognizant of the extent to which artificial intelligence and other emerging technologies have permeated different sectors, impacting scientific, educational, cultural, ethical, legal, societal and regulatory aspects. Without doubt AI has brought both opportunities and challenges. But probably the biggest dilemma that we all face emanates from AI’s ability to replicate human intelligence in computer systems which in the area of Intellectual Property engenders questions such as can AI be considered an author or inventor? Given that AI has emerged as a creator or inventor, does this meet the threshold for protection of AI-generated works? Who can own the AI-generated works? Are the current legal and regulatory frameworks grant protection and enforcement for AI-generated or AI-assisted works? Indeed, are they fit for purpose? Who is liable when AI infringes protected works?
In a nutshell, when it comes to Intellectual Property, AI affects ownership, liability, enforcement, royalties, legal frameworks and other important areas. The presentations made today by the Secretariat have shed more light on these implications. Madam Chair, AI has the potential to support economic growth and foster innovation in developing countries and LDCs as AI can contribute to solving problems at multiple levels. It can also reduce the cost of research and development by automating processes like data analysis which can be particularly beneficial for resource-constrained countries.
Madam Chair, WIPO has a significant role to play in supporting developing countries and LDCs in addressing issues like ownership rights, fair use, collection of data for machine learning and how to legally address the outputs of generative AI and current ambiguity of ownership and protections. Another area would be in building capacity to track violations since generative AI can produce content at scale, making it difficult to trace and prove infringements of existing Intellectual Property rights. Given that generative AI blurs the line between human and machine ownership especially in countries with limited technical resources. This is especially true in the area of traditional knowledge and traditional cultural expressions where there is potential for generative AI to produce new works without obtaining the permission of indigenous peoples and local communities.
There is also scope for WIPO to engage in facilitating access to AI technologies to developing countries to ensure that they keep in tandem with the rapid progress in these technologies and to upscale national capacities. This would help to avoid the imbalance and level the field to allow all including local innovators to benefit from these technologies. Madam Chair, the African Group remains committed to harnessing the immense opportunities for growth and innovation that AI presents while mitigating the many risks, challenges and impacts especially in relation to IP rights, equitable access, transfer of technology and capacity building. I thank you.
JAPAN: Thank you, Madam Chair. At the outset we would like to express our gratitude to the ADG and the WIPO Secretariat for the valuable and informative insights and presentations. We also note the successful side event on the related topic was also held this week by Mexico, Indonesia, Republic of Korea, Turkey and Australia and we extend our congratulations to them. Thank you for projecting the slides we prepared.
The Delegation of Japan aligned itself with I hope that was not prepared by AI but by humans.
So we Japan aligned ourselves with the statement made by the Distinguished Delegation of the Netherlands on behalf of Group B.
In the context of AI impacts for IP and development as well we believe it is important to take into account ensuring IP rights are considered and respected. In this connection we believe it is worthwhile to consider approaches to addressing AI impacts and we would like to share our experiences regarding what IP offices can contribute from the perspective of showing some direction as well. In various fields including agriculture, healthcare, etc., artificial intelligence technologies can contribute to development. For this to happen in the context of development as well AI technologies need to fulfill their roles diversely, effectively and sustainably. Their roles are namely their functions in contributing to development. Therefore we believe that certain AI technologies should be appropriately protected as intellectual property. Thus IP offices can contribute to this.
In the next three slides we will share our experiences briefly in terms of that. We hope this information will be helpful to Member States. In order to enable AI to contribute appropriately to development and for AI technologies to be appropriately protected it is effective for applicants and others in each country to have clear guidance on the operation of AI related examinations. The Japan Patent Office has published examination case examples on AI related inventions for proper patent examination. Considering that AI technologies have been developed within various technical fields the JPO has published more than 40 case studies on AI IoT related technologies. In March 2024 this year we added 10 cases including generative AI. The information has been published both in English and Japanese. Applicants can take a look as well.
To ensure that the AI technologies are appropriately protected it is also possible to establish an environment in each country that facilitates more efficient and high quality examinations. To develop an environment of more efficient and high quality examinations for AI related inventions the JPO inaugurated the team for supporting AI examinations. This team is an internal body which consists of managers and experts on AI examination. These experts provide consultation services to examiners outside the team. They collaborate beyond their responsible technical fields and share examination results and knowledge on the latest AI technologies.
To improve quality and efficiency for the AI inventions utilization of AI is worth considering. As the WIPO Secretariat introduced earlier, AI tools can help IP offices of all sizes. Here we would like to share instances of AI utilization. The JPO has published the action plan for the utilization of AI technology at the JPO and has been studying the possibility of utilizing AI in its operations. These slides show some initiatives in the action plan on patent examinations. These are ideas related to software and I hope it will serve as a reference for discussions at many international property offices now or in the future. In the upper left are patent classification assignments wherein those made for non-Japanese patent documents using AI are being verified. In the upper right is a concept search. AI sorts prior art documents in order of similarity to the claimed invention and we are now validating this tool. The bottom left refers to an advanced search wherein support for creating search formulas and image search by drawings are examined. The bottom right is in regard to the utilization of a large language model, LLM. We are testing whether generative AI can be applicable to patent examinations such as by summarizing patent documents. The JPO is conducting these studies and verifications and exchanging information with external experts featuring the active use of AI technology by JPO offices.
In considering the AI impacts for IP and development we believe that improving awareness of international property is important not only for the initiatives of IP offices but also among innovators including SMEs, startups and entrepreneurs. In relation to this, the recent activities through the fund for Japan IP Global include supporting SMEs, AI innovations from the Arab region. The Secretariat introduced earlier the IP management clinics for SMEs on AI in the Arab region. We thank the Secretariat for the initiative and preparing the information, informative presentation. We also understand the most current situation or trend is important for considering initiatives related to AI. Japan IP Global through the Japan Patent Office also supports the preparation for the WIPO patent landscape report on generative AI. This new report was introduced by the WIPO Secretariat earlier. We appreciate the Secretariat for preparing the informative and attractive report and presentation. AI makes diverse contributions to development. We are committed to continuing our active involvement in AI and development. Thank you, Madam Chair.
BRAZIL: Thank you, Madam Chair. We thank WIPO for the opportunity to discuss AI in the context of development. We note the many number of WIPO representatives at the podium now including ADG Natsumi which we thank very much for a time showing that this is a cross organizational aspect and expresses the correctness of treating this topic at the CDIP without prejudice to the specific technical committees of WIPO.
Now, Madam Chair, the rapid pace of development of AI technology has put it under the spot. In 2022, sorry, we were all stunned by the launch of generative AI systems which we all assumed were years away and now we as countries and we as international organizations are analyzing its implications, potential uses and the necessity of regulating it. AI, of course, can be of significant assistance to IP offices in the process of registration and management of industrial property rights such as patents, trademarks, industrial designs. The translation of technical documents is another area where AI can be widely applied with the assistance of WIPO. Some such uses were explored recently in the last session of the SCP and application of AI in PCT activities are also being discussed at the PCT Working Group.
But another area of analysis is the constitution and exercise of Intellectual Property Rights. So on the patent side, the use of AI systems can have an impact on new discoveries, increasing innovation. It also raises questions about patentability and ownership of the innovation resulting from such systems. This was explored previously by the Secretariat. So AI can assist research with the potential to result in a large number of patent applications. Additionally, it may be used to boost anti-competitive strategies adopted by specific industries to file patents for incremental modifications aiming to block competitors’ R&D, so-called patent tickets. So in this context, legislative changes in the patent legislation may be necessary to encompass and address such challenges and opportunities. But the speed with which this technology develops is, of course, a challenge for us as regulators. Now, I would like to address specific copyright-related issues on AI.
As we all know, AI systems, especially generative AI, demand vast amounts of data, the most valuable of which is copyright protected. Copyrighted works such as music, books and movies contain organized expression of ideas which are vital for AI systems to develop their capacities to, so to speak, mimic human behavior. Of course, generative AI can be a tool for creation and like any new tool, it has benefits and risks. It raises a series of ethical, aesthetic, technical and legal questions that we have the responsibility of examining. Now, in many countries, including Brazil, the United States and others, the protection of an author’s right is a constitutional clause. Article 27 of the Universal Declaration of Human Rights protects the moral and material interests resulting from any scientific, literary or artistic production of which the person is the author. So we see a strong basis for discussing the protection of author’s rights in AI systems. There’s a trend towards the reduction of the value of creative works, the so-called commoditization of creative works, which affect the enjoyment and exercise of the copyright protection to authors, artists and creators.
A study by CISAC published just last week shows that copyright right holders will lose 22 billion euros until 2020 in the music and audiovisual sectors alone. This figure does not include losses to writers, photographers, interpreters or producers of phonograms. Another study by German and French collective management organizations estimated that music authors will lose 27% of the royalties due to generative AI by 2028, four years away. Similar negative effects have been estimated in Australia and New Zealand.
Now, what are the causes of such losses? They will be due to the substitution of human labor for AI, the competition of AI produced content with copyrighted works and the lack of payment for the use of protected works in the training of AI systems. This raises a particularly important question relating to the long-term production of works. AI systems demand a diversity of cultural production, but how could we generate it without authors, performers, creators and humans? How can we continue to have the production of works if we don’t have the necessary economic incentives for human authors in the copyright system? Further, how do we differentiate authentic human work from AI-generated works? Considering this scenario, it is without a surprise that authors demand a fair remuneration for the use of the works. Many letters, public manifestations have proliferated with thousands and thousands of artists, performers and their associations signing. At the same time, tech companies argue this would stem innovation, but the individual market value of a leading AI company can reach 250 billion U.S. dollars.
Reports in the media also indicate that companies such as Google and Microsoft spend every few months 10 billion U.S. dollars on data centers and AI infrastructure. Further, as I had mentioned, copyrighted works are one of the most important, if not the most important input for generative AI systems. It would be not only illegal but absurd if AI companies did not pay for other basic inputs such as energy, data centers, or software. Why would this be the case with copyrighted works? And according to reports by authors, artists and even representatives from AI companies in the media, use of protected works is happening without authorization from rights holders.
As a consequence of this, companies developing AI systems may have violated in each work used at least five rights granted to authors by copyright legislation. The first is reproduction rights when a work is stored in a system’s database. The second is the transformative use or a derivative use of a work in the output of a generative AI system. The third is the author’s moral rights, that is, the author’s right to ensure the integrity of his or her work. We also have a violation of technological protection measures to enable the reproduction of the work in the AI system’s database. And finally, the violation of digital rights management to enable the standardization of the information contained in the work.
Now, all those rights I mentioned are available in WIPO’s copyright and related rights treaties such as the Berne Convention, Rome Convention, WCT, WPPT and so on. Madam Chair, we note the growing international consensus on the need of adequate addressing issues involving copyright and artificial intelligence. Under the Brazilian presidency of the G20 this year, the Minister of Culture adopted a declaration in November which for the first time highlighted the importance of payments to copyright holders in the digital environment and transparency on the inputs and outputs of AI models. The declaration also demands an effective engagement at WIPO for discussions on copyright and AI. Likewise, the G7 declaration of the Minister of Culture issued in September referred to the necessity of organizations developing advanced AI systems to respect Intellectual Property rights, particularly copyright and to take measures to ensure data quality including transparency.
At the UN level, we have adopted earlier this year a landmark text on AI which is Resolution A/78/L.49. This resolution encourages the implementation of appropriate safeguards to respect IP rights, including copyright. In the last General Assembly of the United Nations, President Lula from Brazil presented our national view on AI. He stressed the opportunities that AI presents, but he also highlighted that AI may be used for the consolidation of asymmetries that lead to a true oligopoly of knowledge with an unprecedented concentration in the hands of a small number of people and companies based in an even smaller number of countries. We are interested in emancipatory artificial intelligence which assists the development of countries and strengthens cultural diversity.
President Lula has stressed the necessity of an intergovernmental governance of artificial intelligence in which all states have a seat. This was ratified by this year’s G20 leader’s declaration adopted two weeks ago which, and I quote, “call for strengthening and effective global engagement on the discussion of copyright and related rights in the digital environment and impacts of AI on copyright rights holders.” This underlines the high level agreement on the topic by the 20 largest economies of the world. So we understand that there is a clear demand by countries and a clear mandate in some countries to discuss a common global framework for AI in WIPO.
Now, coming to the Development Agenda and AI topic which is the topic of the CDIP, of course, we must highlight the role of the WIPO Development Agenda in this discussion. Many recommendations are applicable. Considering the cross organizational spirit of the Development Agenda, it constitutes a basic framework for eliminating the impact of AI technology in its Member States and considering further action in WIPO. Questions on the topic abound. How can WIPO support its Member States for the implementation of AI systems that address their socioeconomic demands? How can we ensure that the benefits of AI are equitably accessible worldwide instead of being concentrated in a few countries? And how can the digital divide between countries that already is a characteristic of advanced technologies be reduced with the assistance of WIPO?
WIPO has the duty of assisting Member States to harness and enjoy the benefits of AI technology, taking advantage of the range of technical information available here at this organization. It should also coordinate responses with other organizations according to Member States’ demand as well as to ensure consistency of its activities with United Nations activities, particularly the Sustainable Development Goals and the Global Digital Compact. Any debate regarding AI in WIPO must be open, transparent and taking into account different levels of development. Participation of governments is indeed a basic requirement. This is a member driven organization, especially when we discuss the desirability and necessity of normative work. Brazil is ready and looks forward to continuing engagement in such discussion at the SCCR, the CDIP, the SP and the General Assembly.
Now, to conclude, Madam Chair, I would just like to present recent developments in Brazil.
We have been intensively discussing the regulation of artificial intelligence for the last two years. On Tuesday, two days ago, the Brazilian Senate approved Bill 23/38 regarding artificial intelligence. This bill regulates something that cannot be reversed. We recognize that we need to bring reality into legality. The basic principles of the bill regarding copyright are, one, transparency in the use of content for training AI systems; two, remuneration to authors and other copyright holders for the use of works in AI systems, both on the input and output side; and third, the attribution of authors for the exercise of moral rights. The bill also includes a limitation for research organizations, museums, public archives for noncommercial text and data mining. In this way, we guarantee the lawful use of works. But why did Brazil do this? We see that the alternative to regulation is to have expensive and time-consuming legal disputes that will affect the dynamics of both AI systems and the copyright system with unpredictable decisions and outcomes. This results in lower investments by AI companies and reduced royalties payments to all authors and copyright rights holders. More than 35 cases are ongoing in the U.S. We also see disputes in the U.K., Canada, Denmark, and Germany. Madam Chair, we urge countries to engage in this fundamental discussion for Intellectual Property. Countries from every level of development should closely examine the topic. We expect WIPO to continue addressing it in its committees, particularly the CDIP, the SCCR, and SCP. Thank you and my apologies for the long statement.
CHAIR: Thank you very much. I think Brazil has highlighted many important issues and I share with you personally the confusion of the legal overlap in this area which I believe will be another area for future negotiations, and which cannot be concluded even when I retire.
CAMEROON: Thank you very much, Madam Chair. Cameroon would like to congratulate the Secretariat for their presentations. Our Delegations our Delegation would like to join in with the words spoken by Kenya before us. We are willing to work in a constructive manner on all of the issues that have been broached today.
Madam Chair, we are all subject to artificial intelligence in many different areas. Navigation, driving, translation, security, text and their content. We note that economic activities such as services to clientele are all evolving with artificial intelligence raising questions in many different areas. The responsibility question is one that also covers the appropriation of content by artificial intelligence and that is where the debate of cognitive and emotional areas that we have looked at here as a different type of intelligence is covered. This covers the globalization of knowledge and the cognitive step in the creation of artificial intelligence. And so some believe that these algorithms and programs are based on data but also are vehicles for the changes in society.
We have noted that with software that is supposed to assist magistrates, for example, in determining sentencing or the risk of repeat offenders have in fact overestimated sometimes the risks in some parts of the population and then have had effects on society. This means that there has been heavier sentencing that is not necessarily fair to some. It means heavier sentencing and others lighter sentencing. This experience is something that we can also see in health, in medicine and it contributes to the improvement of services. This means that what in one domain may be an improvement in artificial intelligence may not in another. Garbage in, garbage out. Can doctors be held responsible for errors made by artificial intelligence? Where does their responsibility begin or end compared to the software? The creators of that software talk about black boxes or gray areas that are out of their control because they go beyond the possibilities that they themselves had imagined when they created this software. This implies that artificial intelligence has its own creative autonomy or independence. It is a generous creativity.
The basic question then is whether artificial intelligence is something that is associated or dissociated with the creative step and where is the border, where is the frontier between man and the creation by artificial intelligence? And then we have the notion of co-creation that was spoken about by one of the presenters. Fundamentally we will be able to dissociate the creations by artificial intelligence and those by humans. Madam Chair, this is all to say that this issue deserves our attention, our close attention.
Our Delegation also notes the economic impact of this issue. Data mining, for example, which may have effects on those who in fact were the creators of the data, those who are not going to be getting any economic benefit from the collection of their data. And then this also is added to the digital divide which already exists. We are widening the gap. So what do we do with the data that is collected? What category do you put it in? Data coming from all countries and the dividends that the data generates through artificial intelligence. This is a question that our Committee is going to have to look at in order to provide responses.
And I would like to say, Madam Chair, to you and to all of the members that we have faith in the capacity of our Assembly to ask the right questions and to think through them thoroughly on all of their aspects. We would like to express our availability to work together with all parties in order to come to a mutually satisfactory conclusion. Thank you very much, Madam.
MEXICO: Thank you very much, Madam Chair. Mexico in turn would like to express its thanks to all of those who have made presentations to us this morning. The discussion on artificial intelligence has multiple dimensions and it’s being broached in many different fora but in the Geneva context and the United Nations specialized agencies governance and development have their own special importance.
This is an important moment as has already been said by people who have spoken before me with regard to this technology where regulation will define the scope and the access at a global level and that is why the discussion in the framework of this Committee and of WIPO in general is specifically relevant. We feel that any agreements that might come out of the organization will have an influence on the future of artificial intelligence as has already been stated through our discussions organized by the Secretariat on frontier technologies as well as the MICTA event, the side event that was held this week, artificial intelligence, AI has high potential for fostering innovation and improving lives taking us forward in many sectors such as health, education, transportation and economic growth. However, with the new technologies that arise such as AI we also can see an exacerbation of disparities in access to the necessary resources and infrastructure and if we don’t bridge those divides at the outset we run the risk of widening technological global disparities.
The pact for the future and the digital global compact adopted recently by the United Nations General Assembly in New York highlight the importance of a multilateral focus in order to deal with the up and coming challenges related to AI. Both documents highlight that this technology must be aligned with the sustainable development goals pursued by respecting human rights and fostering international cooperation. But beyond that and beyond that general framework, it is important that we move toward concrete action in order to go hand in hand with our objectives. Strengthening capacity building, transferring technology and exchange of good practices are all key elements that must be taken into account in any framework at an international governance level that is set up. These are fully integrated in the WIPO mandate and that is why Mexico feels that WIPO is the organization that has a strategic role and can contribute substantially in these areas.
By way of example, amongst the activities that we think could strengthen or be created in the future, there are four that we would mention. First of all, the organization could give priority to technical and legal training programmes around artificial intelligence ensuring that developing countries can better understand and benefit from the technology. Training programmes that are aimed specifically at certain regions as we heard this morning for Latin America, for example, national IP offices, legislators and IP system users. Secondly, the creation of policy frameworks in WIPO should be taken into account in a fair and equitable manner so that the benefits of AI respect IPRs but they don’t limit international cooperation. This must be taken into account when we begin new discussions on emerging technologies and develop AI guidelines. Thirdly, WIPO can facilitate a transfer or an exchange of technologies related to AI, good practices amongst countries and promoting closer cooperation amongst national IP offices and fostering public/private partnerships that would fuel this development at the same time. Fourthly, the organization should be the mechanism that’s used to evaluate the impact of AI on the IP system and to propose any adjustments necessary to respond to the emerging needs of Member States, especially with regard to the effects on developing countries.
Mexico would like to express once again its thanks for all of the presenters who made presentations today covering some of the points that we have brought up and we hope to be able to continue the conversation on this in this area so as to take steps that will facilitate access and inclusive development to AI.
NIGERIA: Thank you so much, Chairperson. Good afternoon, colleagues. Nigeria supports the statement made by Kenya on behalf of the African Group and of course we would like to seize this opportunity to celebrate the independence anniversary. My delegation would like to appreciate the speakers and commend the effectiveness of the World Intellectual Property Organization, particularly its copyright, patent, front end technologies and other relevant departments for their presentations which underscores the importance of Intellectual Property in the area of artificial intelligence. The efforts of WIPO in capacity building, awareness creation and fostering collaboration have forged the needed platform to deliberate on the need for a balanced approach that will benefit all stakeholders including developing economies.
Chairperson, the recent resolution adopted by the United Nations on artificial intelligence which underscores the importance of addressing the multifaceted impact of AI on global economies and societies, my delegation would like to make the following observation. While we welcome the efforts of various departments within WIPO to engage on issues pertaining to AI thematic subject, we have however observed that the lack of a comprehensive strategic approach by WIPO on AI impedes the formulation of policies and guidelines that address all aspects of AI in relation to IP, including patents, copyright, trade secrets and data protection. We believe this current approach could pose several challenges such as lack of unified strategy where different committees may develop overlapping or conflicting policies, inconsistencies in policy development where without a centralized body, policies may lack coherence and fail to address the broader implications of AI in high P comprehensively and finally limited resource allocation where resources are spread thin across various committees reducing the effectiveness of initiatives and discussions.
In this regard, Chairperson, my delegation wishes to recommend that WIPO establishes a centralized AI and high P resource hub. We believe this would highlight the tenor and the spirit of the WIPO Development Agenda for Sustainable Development. This would also help address fragmentation in AI thematic matters as well as provide resources, research and case studies serving as a repository for global best practices on AI and high P.
Chairperson, my delegation believes that a unified policy framework on AI and high P thematic subject would help to consolidate WIPO’s efforts to address the cross-cutting issues of AI and Intellectual Property, ensuring consistency and compressiveness. Lastly, we believe this framework should reflect the diverse realities of Member States and provide clear guidelines for addressing AI-generated works, ownership and fair use. I thank you.
RUSSIAN FEDERATION: Thank you, Madam Chair. The Delegation of the Russian Federation would like to express its appreciation to the Assistant Director General, Mr. CNNunna Tseme and the directors of the different WIPO divisions for providing extremely informative reports which once again have shown us that the issue of artificial intelligence is truly interdisciplinary.
We would note that in the Russian Federation particular attention is being given to the dynamic development of artificial intelligence which opens up new horizons for science, technology, and the economy. At the same time, we are also aware of the responsibility which must be shouldered in the process of integrating it into various spheres of activity.
The basic documents in this area in the Russian Federation are the technological development concept and the national strategy for artificial intelligence development. In 2024, the Russian Federation’s president signed a decree on updating the national strategy for the development of artificial intelligence until 2030. This updated strategy sets out a whole array of measures to support companies dealing with the development of artificial intelligence, the approval of such solutions in Russian enterprises and companies, improving staff potential, and developing the science and educational system, and also establishing infrastructure for the favorable development of our own artificial intelligence.
As was pointed out by the president of Russia, Vladimir Putin, artificial intelligence is the most important development tool and also one of the priorities in the economic area. As we speak right now, in Moscow, the annual international conference entitled “Artificial Intelligence Journey” is underway. Yesterday, speaking at the session on artificial intelligence for humans, helping people, uniting countries, the president of the Russian Federation pointed out that generative artificial intelligence is creating high quality music in a variety of genres and in real time is interpreting verbal statements into dozens of languages, is producing videos which cannot be distinguished from clips from the real world and are creating video games either in terms of the text or the cartoons and also 3D models as well as digital doubles of complex systems. The president pointed out that in essence this means that there is an impending revolution in the engineering sphere in design and construction activities creating fundamentally new components and entire devices. What is more, during yesterday’s meeting Vladimir Putin stressed that the Russian Federation will be helping other countries in the area of artificial intelligence and announced the establishment of the international alliance of artificial intelligence national institutions and development institutions of the BRICS countries.
Taking into account the objectives and priorities of the Russian Federation, artificial intelligence is being consistently and harmoniously integrated in all spheres of life. Thus above and beyond all the rest in the country on an ongoing basis we are organizing Olympiads for school children on artificial intelligence. In the area of artificial intelligence, rather Intellectual Property, artificial intelligence is used in machine translation, in searching for similar documents and for comparing images and also for classifying trademarks. Furthermore, elements and methods of artificial intelligence are being introduced in the Ross patent information system and this includes the provision of state services.
The representatives of the Russian Federation and relevant offices in particular have been constant participants in WIPO conversations on Intellectual Property and frontier technologies. The Russian Federation regularly shares its practice in the area of artificial intelligence and Intellectual Property and is shedding light on legislative amendments and changes in this regard and presenting a survey of the impact of artificial intelligence on Intellectual Property policies. We would point out that one of the key problems that the international community is having to grapple with is the question of the rights to results created using artificial intelligence in the Russian Federation as is the case in a number of other countries. Only a human being may be recognized as an inventor.
We believe that it is essential to strike a balance between protecting the rights of people that develop or create or innovate or invent and the openness to innovation. It’s important to find ways and means for authors to effectively use their attainments while guaranteeing at the same time that their rights will not be violated. Moreover, artificial intelligence has huge potential for promoting the development of scientific research and education at large and also for establishing and creating new creative and cultural products. It is important for the international community to be able to develop mechanisms which will foster the development of these sectors ensuring access to innovations and to knowledge while at the same time protecting authors’ interests.
In conclusion, we would like to point out that the Russian Federation is prepared to engage in active cooperation and ongoing dialogue to look for optimal decisions and solutions aimed at ensuring a fair and effective way of settling any issues that arise and to the extent that they are not related to questions of intellectual property, artificial intelligence and development. Thank you very much, Madam Chair.
UNITED STATES OF AMERICA: Thank you, Chair. The United States thanks the Secretariat for the informative presentation.
Advancing the responsible use of artificial intelligence is of great importance to the United States. We are committed to the technology presents both global challenges and opportunities for the innovation ecosystem. It is imperative that the global community manage AI’s risks, unlock AI’s potential for good and promote common approaches to shared challenges. The United States is working to ensure AI technologies are developed responsibly and used as a force for good helping to make Americans and people around the world safer, more secure and more prosperous. By working with partners across the globe to build digital solidarity, mitigate risks and ensure responsible and inclusive and rights respecting AI innovation, we can tackle some of the world’s most pressing challenges, like addressing food security, environmental challenges and global health risks in new and unparalleled ways.
The Department of Commerce and the USPTO have been involved in a number of endeavors seeking to advance equitable innovation, innovation that will help us meet such challenges head on. Specifically, the USPTO recognizes that AI has the potential to transform the IP ecosystem and presents great opportunities for developing nations. From enhancing administrative aspects of IP office functions to helping local businesses and creators by enhancing their acumen and creativity, AI will greatly enhance the innovation ecosystem.
To protect and foster innovation in the areas of AI and emerging technologies, the USPTO created an ongoing cooperative effort with the AI and emerging technologies community known as the AIET partnership. This effort brings together members from interested communities including academia, independent inventors, small businesses, industry, other government agencies, nonprofits and civil societies. Past events include listening sessions, panel discussions and symposia on AIET tools and policies that allowed the USPTO to gather public views on various IP policies that uniquely impact the AIET community.
In addition, this year, the USPTO provided public guidance to examiners and stakeholders on examination related matters in its inventorship guidance for AI assisted inventions. The guidance seeks to reiterate the traditional inventorship law and make clear that the use of AI tools does not negate patentability. The USPTO has also been closely monitoring developments related to copyright and artificial intelligence both domestically and internationally and plans to release a report on issues surrounding AI and name, image and likeness in the near future.
In early 2023, the US copyright office launched an initiative examining copyright law and policy issues raised by artificial intelligence including the scope of copyright and AI generated works and the use of copyrighted materials within AI training. The copyright office is issuing a report in several parts analyzing the issues which will be published as they are completed. On July 31st, 2024, the copyright office published part 1 of the report which addresses the topic of digital replicas. The copyright office has also issued guidance to applicants on how to register works incorporating AI generated content with the office.
The USPTO believes that AI has the potential to democratize access to IP protection and reduce barriers and support sustainable growth in all nations, especially developing nations enabling us all to protect and leverage our innovations effectively. Thank you, Chair.
UNITED KINGDOM: Thank you, Madam Chair. The UK thanks ADG Natsumi for his opening statement on this important topic and the Secretariat for that excellent presentations. We also wish to take this opportunity to thank and congratulate Mexico, Indonesia, the Republic of Korea, Turkey and Australia for their interesting and informative side event on this topic that took place on Monday as well as all of the members that have taken the floor on this topic already. The UK appreciates the continued focus on AI developments as a key priority for WIPO and welcomes its efforts to continue to explore the increasing links between AI and IP. We very much enjoyed attending the recent 10th conversation on IP and frontier technologies hosted by WIPO on 26th of November. We believe that the series of WIPO conversations are pushing forward important discussions and the breadth and level of attendance demonstrates the importance of this topic to all Member States including Developing Countries.
Madam Chair, in November last year the UK was pleased to host the first ever AI safety summit in Bletchley Park, Milton Keynes. Even in the short time frame since that event the field of AI has rapidly developed and we are committed to ensuring that it be used as a tool for good. As seen for our recently launched modern industrial strategy and our digital development strategy, the UK is investing in its AI capabilities to ensure that the benefits of AI can be reached across society, both domestically and internationally.
AI is not just about big tech but also small businesses. The use of digital technologies is a key priority for the UK government which is committed to ensuring that these are accessible for everyone in a fair and equal manner. Be it health and wellbeing, industry and innovation or sustainability, it is clear that AI has a role to play when it comes to supporting development and the UN Sustainable Development Goals. Intellectual Property has a significant influence when it comes to supporting AI and development as well underpinning economic growth behind AI through incentivizing investments, safeguarding assets and enabling the safe sharing of technological know-how. Ongoing and future work will need to create the conditions for the next generation of entrepreneurship to flourish. It is vital that all countries can access the opportunities of AI, for example, through the global digital compact and other international initiatives. To drive economic development and ensure that this technology does not exacerbate existing inequalities.
The UK is committed to working with countries around the world to build AI capabilities and ensure all countries can harness this technology to address critical challenges and foster growth. We are proud to have committed funding to support AI capacity building in low and middle income countries through both our AI for Development Programme where we are working with partners to support capacity building in Africa and Asia and in research and development. Here, UK funding has facilitated the research, development and application of AI innovations aimed at tackling development challenges such as food insecurity, climate change and health access.
In terms of the Intellectual Property ecosystem, there are both risks and opportunities to derive from AI. While mindful of the need to protect creators’ works, AI can also help to foster new opportunities for innovation and accelerate research and development. This is especially valuable in fields like healthcare where use of AI can deliver advances in medicinal research and technologies helping to save lives. In the IP rights granting process, too, AI can have a role to play in speeding up and assessing the quality of applications. Prospective trademark applicants to the UK IPO, for example, can benefit from using AI in the application process. The UK’s preapplied tool helps applicants search for similar trademarks assisting them in identifying any commonalities between other registered marks before spending financial capital on an application. This strengthens the application ensuring that resources can be used effectively.
Madam Chair, the impacts of AI for development in IP are numerous and we should work collaboratively across borders to capture opportunities and mitigate risks ensuring that no one gets left behind in this fast moving era of digital development.
SWITZERLAND: Madam Chair, Switzerland thanks you as well as the Vice Chairs for the remarkable way in which this 33rd session of CDIP has been run. We would also like to thank Mexico, Indonesia, South Korea, Turkey and Australia for organizing the very interesting side event held on December 9th on the role of artificial intelligence and development. We welcome the initiatives presented during this event which have been adapted specifically to the needs of Member States.
Intellectual Property and AI are vital tools for supporting development while stimulating innovation. In Switzerland possible regulatory approaches in the area of artificial intelligence are currently being analyzed and will act as a basis for the Federal Council to issue a specific mandate for an AI regulatory project in 2025. In parallel, the Federal Institute of Intellectual Property is currently working actively on technical solutions based on AI to improve and make more accessible the patent submission process. For this purpose, a data storage method has been introduced making it possible to form artificial intelligence models which optimize administrative procedures and its effectiveness, therefore.
The synergy between artificial intelligence, Intellectual Property and development is reflected through Swiss startups such as Gamaya or Alveolix which are both based on artificial intelligence patented technologies. Providing for sugar cane yields by rather predicting sugar cane yields, Gamaya is aimed at optimizing sustainable agriculture whereas Alveolix improves medical testing thanks to the development of an organ on a chip technology. These initiatives show how artificial intelligence associated with Intellectual Property can be a lever for sustainable innovation which is beneficial for society.
Our Joint Organization of the World Summit AI for Good stressed the importance of having safe and reliable artificial intelligence to benefit sustainable development. As follow-up to that, Switzerland has launched with the aid of international actors the international computation and AI network known as ICANN. This initiative is aimed at facilitating access to supercomputers and artificial intelligence tools for SDG aligned projects. The United Nations, that is SDGs and in particular the fair spreading and division of technological benefits, optimization of resources thanks to AI, and strengthening research and sharing knowledge in this area. My Delegation will follow with interest the discussions on the impact of AI on IP and development. Thank you very much.”
[End of Transcript]
