Kieltyka Gladkowski KG Legal participated in the 15th International Symposium related to Artificial Intelligence (AI) in the Context of the Protection of Intellectual Property (IP). The Symposium was opened on the 5th of September 2019 by the President of the Polish Patent Office Edyta Demby-Siwek. The topics covered concerned, among others, patenting AI and the legal status of the software, more particularly to whom IP rights produced by AI belong to. There were provided examples of tort responsibility for the actions of an AI software, for example related to self-driving cars or FinTech software.
The panellists of the Symposium demonstrated how the ability of AI to calculate and treat Big Data replaces in certain aspects the abilities of human beings, with regard to such crucial aspects as the ethics in the use of AI. The discussion panels were also devoted to the protection of AI-driven solutions with IP rights. There was presented an overview of the means of protection of data, both by protection of the data as a database (a sui generis protection) or by using IP rights such as copyrights. These types of protection differ a lot between countries, which makes the import and export of AI very complicated. There were analysed various aspects of data mining, deep learning, the Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC which adapts and modifies the contractual limitations on AI. The representative of the European Patent Office (EPO) provided the presentation about the legal requirements of patentability of AI according to the standards of the European Patent Convention, including the analysis of the requirements for the invention related to AI to have a technical component. In turn, the representative of the Austrian Patent Office discussed the Patent Voucher and Albert the Patent Bot. The Patent Voucher aims to support start-ups that often neglect IP rights in providing coverage for up to 80% of patent costs.
The discussions also included the analysis of the IP Box in Poland and its effect as tax incentive for entrepreneurs to invest in R&D. The panellists also provided examples of the use of AI in WIPO operations, most notably for the processing of patent data.
On the part of Kiełtyka Gładkowski KG Legal the conference was attended by Daniella Gallos and Julian Morgan.