WIPO Public Consultation on AI and IP

The World Intellectual Property Organization has launched a public consultation process on artificial intelligence and intellectual property policy, inviting feedback on an issues paper designed to help define the most-pressing questions likely to face IP policy makers as AI increases in importance.

In January 2019, WIPO issued a study that surveyed the landscape of AI innovation. The WIPO Technology Trends report offers evidence-based projections to inform global policymakers on the future of AI. Subsequently, in September 2019, WIPO held a Conversation on IP and Al bringing together member states and other stakeholders to discuss the impact of Al on IP policy, with a view to collectively formulating the questions that policymakers need to ask.

On 13th December 2019, WIPO published its issues paper with a call for comments from the widest-possible global audience. It is the latest step in WIPO’s response to the ongoing interaction of AI with the IP system, including the use of AI applications in IP administration.

Kats with pens and opinions
Image: Kristine Paulus

The issues identified for discussion are divided into the following areas, although you may comment on any or all of the questions in the paper:

(a) Patents
Looking at issues around Inventorship and Ownership, Patentable Subject Matter and Patentability Guidelines, Inventive Step or Non-Obviousness, Disclosure and General Policy Considerations for the Patent System.

(b) Copyright 
Considering Authorship and Ownership, Infringement and Exceptions, Deep Fakes, and General Policy Issues.

(c) Data
Specifically thinking about Further Rights in Relation to Data.

(d) Designs
Considering Authorship and Ownership.

(e) Technology Gap and Capacity Building
Asking what policy measures in the field of IP policy might be envisaged that may contribute to the containment or the reduction in the technology gap in AI capacity? Are any such measures of a practical nature or a policy nature?

(f) Accountability for IP Administrative Decisions

Asking should any policy or practical measures be taken to ensure accountability for decisions made in the prosecution and administration of IP applications where those decisions are taken by AI applications (for example, the encouragement of transparency with respect to the use of AI and in relation to the technology used)? And do any legislative changes need to be envisaged to facilitate decision-making by AI applications (for example, reviewing legislative provisions on powers and discretions of certain designated officials)? 

The deadline to submit your is 14th February 2020.

See full press release here.

Respond to the consulation here.

In your submission, please include your name, title and the name of your entity if you represent one.
The preferred format of your submission is PDF or WORD. All submissions will be posted on the WIPO website.