US-China spat ramps up over key UN post

The United Nations intellectual property agency (WIPO) is the latest front in the US-China trade war.

http://www.theage.com.au/world/sad-ambassador-slams-us-attack-on-chinese-bid-for-wipo-20200226-p544tg.html?btis

Australian Francis Gurry is the outgoing head of the UN World Intellectual Property Organisation.

Some Lawyers Work Can be Automated!

Experts say 23% of lawyers' work can be automated.  Law schools are trying to stay ahead of the curve.

See https://www.cnbc.com/amp/2020/02/06/technology-is-changing-the-legal-profession-and-law-schools.html

Domain Name Study - Which Domain Names don't get renewed

Research uncovered some interesting results, such as:

·     Only 29.79% of all domains are renewed after one year

·     New GTLDs (like .XYZ) have far higher churn rates than .COM, .NET, .ORG etc

https://www.whoishostingthis.com/blog/2019/12/05/domain-study

Jurisdiction over Google

In Canada, on June 13, 2014, a Canadian court issued an injunction requiring Google to remove certain websites from its internet search results worldwide. Those websites were operating in violation of previous court orders and were being used to market a product that the plaintiffs say was developed through theft of their trade secrets.  The injunction granted was on a worldwide basis.

The injunction was upheld by both the Court of Appeal and the Supreme Court of Canada, but Google then obtained an order from a California court making it unenforceable in the United States. Google now applies to set aside or vary the injunction.  Google was unsuccessful.

See Equustek Solutions Inc. v. Jack, 2018 BCSC 610 https://www.bccourts.ca/jdb-txt/sc/18/06/2018BCSC0610.htm

Comments in this Canadian Blog

X v. Twitter

A case in NSW requiring Twitter to remove posts on a worldwide basis that contained confidential information.

X v Twitter Inc [2017] NSWSC 1300

Comment in this blog post.

Who owns the copyright and inventions produced by an AI machine?

These articles are some of the interesting articles dealing with ownership of copyright and patentable inventions produced by an AI machine or robot.

Machine learning to machine owning: Redefining the copyright ownership from the perspective of Australian, US, UK and EU Law. European Intellectual Property Review, (2018) 40 (11), pp. 722-728.  https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3293518

Artificial Intelligence, Copyright and Accountability in the 3A Era: The Human-like Authors Are Already Here: A New Model, 2017 M. L. R<. 659   https://digitalcommons.law.msu.edu/cgi/viewcontent.cgi?article=1199&context=lr

When Artificial Intelligence Systems Produce Inventions: The 3A Era and an Alternative Model for Patent Law (March 1, 2017). Cardozo Law Review, http://cardozolawreview.com/wp-content/uploads/2018/08/RAVID.LIU_.39.6.5-1.pdf

Recognizing Artificial Intelligence (AI) as Authors and Investors under U.S. Intellectual Property Law, 24 Rich. J.L. & Tech. i (2018), https://jolt.richmond.edu/files/2018/04/Pearlman_Recognizing-Artificial-Intelligence-AI-as-Authors-and-Inventors-Under-U.S.-Intellectual-Property-Law.pdf

Also, have a look at these videos about machine generated art:

• Harold Cohen – The Age of Intelligence Machines (1987) - https://www.youtube.com/watch?v=IPczQgCuOOc&feature=youtu.be
• Is it art? Portrait created by algorithm on sale at Christie’s – https://www.youtube.com/watch?v=yeshFQZCD7E

When are AI systems legally liable

Here are some good readings if you are interested in the legal responsibility of AI systems:

Machines without Principals: Liability Rules and Artificial Intelligence, 89 Wash. L. Rev. 117 (2014)  http://euro.ecom.cmu.edu/program/law/08-732/AI/Vladeck.pdf

Regulating Artificial Intelligence Systems: Risks, Challenges, Competencies, and Strategies (May 30, 2015). Harvard Journal of Law & Technology, Vol. 29, No. 2, Spring 2016.  http://jolt.law.harvard.edu/articles/pdf/v29/29HarvJLTech353.pdf

Servers and Waiters: What Matters in the Law of A.I. 21 Stan. Tech. L. Rev. 167 (2018), https://law.stanford.edu/publications/servers-and-waiters-what-matters-in-the-law-of-a-i/

Accountable Algorithms, 165 U. Pa. L. Rev. 633 (2017) https://scholarship.law.upenn.edu/penn_law_review/vol165/iss3/3

Morality and AI Machines

An interesting site from MIT -- a platform for judging human insight into moral decisions made by machines:

http://moralmachine.mit.edu/

How do you prepare for the AI revolution?

This is a great book to help you prepare for the AI revolution that is about to hit us:




Also, a similar book that is more general:

Another ACCC case regarding misleading consumer reviews

The ACCC has launched another case against ServiceSeeking regarding misleading online reviews of tradespeople.  See story here.

This is similar to the Meriton case, discussed in posts below, regarding misleading hotel reviews on TripAdvisor.

Copyright Act consultations

The Australian Dept of Communication and the Arts has sought submissions for reforms to the Copyright Act.  The submissions are now public: https://www.communications.gov.au/have-your-say/copyright-modernisation-consultation

See also the Productivity Commission's final report on Australia's Intellectual Property Arrangements.

Patentable Subject Matter

Rokt is fighting in Federal Court to have a patent application allowed.  The Commissioner of Patents is opposing the grant of the patent:  An invention that simply puts "a business method or scheme into a computer" is not patentable, the Commissioner of Patents told a court on the first day of a highly anticipated trial over a rejected software patent application by marketing tech startup Rokt.

The judge hearing the case is Justice Robertson.  The oral argument went for 3 days, and finished on 20 July 2018.  The judge is now writing a written decision.

See Australian Financial Review background story, and summary of Patent Office decision being appealed is here.

See blog post here.