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Recreating Creativity, Reinventing Inventiveness: Challenges Facing Intellectual Property Law

Edited by: Nikos Koutras, Niloufer Selvadurai

ISBN13: 9781032196268
Published: April 2024
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £135.00



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As artificial intelligence (AI) is increasingly used to generate inventions and creative works, a critical question to be addressed is whether intellectual property (IP) laws should protect such works. This book examines the critical question of whether intellectual property laws should protect works generated by artificial intelligence.

If we do not wish to use IP laws to protect such works, how can we still support research, development and innovation in society? If we do wish to use IP laws to protect such works, should the copyright, patents and other IP rights attach to the human creator of the AI technology or the AI system? The book explores these compelling societal, economic and legal issues. The authors evaluate the continuing relevance of existing laws, explore the divergent approaches being debated by nations around the world and presents visions for change.

The book will enable both lawyers and non-lawyers to re-imagine governance frameworks to create laws that equitably balance the interests of creators, investors and end users of AI-generated works.

Subjects:
Intellectual Property Law
Contents:
Part 1: Setting the Scene
1. Generative AI in Court - Giancarlo Frosio

Part 2: Context, Theory and Overarching Concepts
2. AI and Copyright: New Concepts vs. Traditional Law - Marina Markellou, Sophia Antonopoulou and Andreas Giannakoulopoulos 3. Thaler and Contextually Sound AI Regulation - Dr. Nikos Koutras and Prof. Dr. Joshua Fairfield 4. Digitalised Invention: An Anticipated Game Changer for the Legal Framework - Iliana Kosti

Part 3: Challenges of Application
5. Algorithmic Enforcement in Copyright: A Necessary Evil? Angelica Fernandez 6. AI-produced Outputs in EU and International Patent Law - Nicoletta Y. Alexandrou 7. Threats to Cultural Heritage: Normative Developments on AI and Cultural Heritage - Kalliopi Chainoglou and Stavros Katsios

Part 4: What the Future Brings
8. AI and New Technologies: What the Future Brings - Dimitrios Kafteranis 9. The Protection of AI-generated Work by Patent and Copyright Laws: Present Laws and Potential Reforms - Pratik Agarwal and Joshua Aston