Josef Drexl and others, ‘Artificial Intelligence and Intellectual Property Law’

This Position Statement presents a broad overview of issues arising at the intersection of AI and IP law based on the work of the Max Planck Institute for Innovation and Competition research group on Regulation of the Digital Economy. While the analysis is approached mainly from a perspective de lege lata, it also identifies questions which require further reflection de lege ferenda supported by in-depth interdisciplinary research. The scope is confined to substantive European IP law, in particular, as regards copyright, patents, designs, databases and trade secrets. Specific AI-related issues are mapped out around the core questions of IP law, namely, the eligibility for protection under the respective IP regimes, allocation of rights and the scope of protection. The structure of the analysis reflects three key components of AI: inputs required for the development of AI systems, AI as a process and the output of AI applications. Overall, it is emphasised that, while recent legal and policy discussions have mostly focused on AI-aided and AI-generated output, a more holistic view that accounts for the role of IP law across the AI innovation cycle is indispensable.

Drexl, Josef and Hilty, Reto and Desaunettes-Barbero, Luc and Globocnik, Jure and Gonzalez Otero, Begoña and Hoffmann, Jörg and Kim, Daria and Kulhari, Shraddha and Richter, Heiko and Scheuerer, Stefan and Slowinski, Peter R. and Wiedemann, Klaus, Artificial Intelligence and Intellectual Property Law – Position Statement of the Max Planck Institute for Innovation and Competition of 9 April 2021 on the Current Debate (April 9, 2021). Max Planck Institute for Innovation and Competition Research Paper No 21-10.

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