This stiff proposal may likely stem the tide of copyright infringement if these proposals are not whittled down in the final version that passes into law. There is a need to improve the efficiency of national IP offices which, to a large extent, are significant players or custodians of the implementation arm of IP policies. In fact, ChatGPT is proving to be really useful in different fields, although there are some debate and concerns around it, as the interaction between intellectual property and artificial intelligence is increasing exponentially with the growth of technology. Intel Problems. Figure 12 illustrates that 40.6% of the participants strongly agree that there is a general lack of culture that regards or protects IPRs in Nigeria; 42% of the participants also agree in this regard. Intellectual property law wasn't written with AI in mind, so it isn't clear who owns the images that emerge from prompts - or if the artists whose work was scraped to train AI models should . In this month's IP Literature Watch we include a paper exploring how multimarket contact (MMC) explains competitors' intellectual property (IP) infringement-litigation dynamics; a study elucidating whether arbitration offers advantages compared to the patent litigation system which is currently existing in Germany; a paper undertaking a law-and-economics analysis of the remedy of . Adedapo A (2021) Nigeria: Buhari signs plant variety protection act. The EUIPO study. It is also recommended that developing countries like Nigeria should have a single and well-coordinated industrial/intellectual property office (IPO) in order to ensure transparency and a well-regulated IP environment. The study employed a questionnaire as the instrument or mechanism that was used in collecting information or primary data from the field. Developing these audit trails would assure companies are prepared if (or, more likely, when) customers start including demands for them in contracts as a form of insurance that the vendors works arent willfully, or unintentionally, derivative without authorization. Google Scholar, Jain SC (1996) Problems in international protection of intellectual property rights. Section 4 presents the result of the survey carried out by the authors and provides a discussion or analysis of same. Such similarities may suggest the intent to appropriate the average consumers goodwill for the brand by using recognizable visual or auditory elements. The Nigerian Copyright Commission trains judicial officers and lawyers who are interested in copyright matters. No intellectual property rights impact society more forcefully than patents on pharmaceuticals. Congress needs to make it easier to enforce IP protections. (Photo credits: Courtesy of UK IPO) The UK has also led the world in publishing: only seven works of fiction have ever sold more than 100 million copies, and five of those were from British authors. Chapter 4 Discuss the principles of intellectual property and issues related to the infringement of intellectual property You must make 2 substantive discussion posts in order to receive full credit. An understanding of these other factors is essential for lawmakers, policymakers, researchers, businesses and investors in these economies. This makes a total of 32% of the participants who disagree with this position.
Intellectual Property Enforcement - United States Department of State While it may seem like these new AI tools can conjure new material from the ether, thats not quite the case. A majority of the participants (96.6%) have a tertiary education, indicating that they are likely to be able to understand the issues discussed in the survey(Fig. Often the PTAB would do just that: It has at least partially invalidated 84% of the patents it has adjudicated in a final written decision. This makes a majority of 87.7% of the participants who believe the registries are not fully digitized, which hampers the protection of IPRs in Nigeria. Stability.AI, which developed Stable Diffusion, has announced that artists will be able to opt out of the next generation of the image generator. Figure 4 shows that a majority of the participants in the survey, representing a total of 59.3%, are IP owners (3.4%), IP administrators/regulators (9.7%), IP academics/researchers (21.4%), IP managers (7.6%), IP lawyers (24.1%), judicial officers (1.4%) or law enforcement agents (3.4%). Decentralization of IP offices and IPR protection. Between 2018 and 2020, the USPTO instituted reforms aiming to prevent this type of abuse. Glob J Politics Law Res 2(5):2234, Olurounbi R (2021) Nigeria unemployment rate rises to 33%, second highest on global list. https://www.researchgate.net/publication/313065473_Towards_Combating_Intellectual_Property_Infringements_in_Nigeria_Successes_Challenges_and_Prospects. The other IP officers are encouraged to toe the same path with respect to enlightening relevant stakeholders on the IP rights they administer. Obviously, this could not be done manually through terabytes or petabytes of content data, but existing search tools should allow the cost-effective automation of this task. Legal issues relating to intellectual property may arise when there is a question of infringement or some other type of dispute between an intellectual property rights holder and another party.
Generative AI Has an Intellectual Property Problem Intellectual property | AP News Damages for lost cases, even when stretching into the hundreds of millions, are a drop in the bucket for companies like Apple, which reported $365.8 billion in revenue in 2021.
COVID-19 and Libraries: E-Books and Intellectual Property Issues 15; hence, 22.5% of participants strongly agree that having a single IPO will advance the protection of IPRs in the country and 21.8% also agree with this proposition. This buttresses the point that such a culture would lead to apathy with respect to IPRs in the country. These challenges are discussed below. The challenges to the effective protection of intellectual property rights are multifaceted and an understanding of these various challenges is essential in the creation of an IPR-friendly environment in order to ensure that IPRs can be a veritable tool in driving the economic and scientific development of a nation. https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/observatory/documents/reports/Why_do_countries_export_fakes/2018_Why_do_countries_export_fakes_OECD-IPO_report_EN.pdf. But this puts the onus on content creators to actively protect their IP, rather than requiring the AI developers to secure the IP to the work prior to using it and even when artists opt out, that decision will only be reflected in the next iteration of the platform. The funding of regulatory bodies and agencies responsible for the enforcement of intellectual property is also key. Accessed 8 July 2021, Adewopo A (2012) According to intellectual property: a pro-development vision of the law and the Nigerian intellectual property law and policy reform in the knowledge era. If a business user is aware that training data might include unlicensed works or that an AI can generate unauthorized derivative works not covered by fair use, a business could be on the hook for willful infringement, which can include damages up to $150,000 for each instance of knowing use. Introduced by Senators Patrick Leahy (D-VT), John Cornyn (R-TX), and Thom Tillis (R-NC), its called the Patent Trial and Appeal Board Reform Act. But far from improving the legal landscape for small inventors, it will render patent owners powerless to fend off duplicative petitions at the hands of Big Tech. This indicates that adequate law is the foundation upon which all other factors can be built. Research on intellectual property from Harvard Business School faculty on issues including copyright abuse, patent law, and the impact of property rights on investment and revenue. This gives a total of 87.5% agreeing to this position. This fragmentation is more of an incidence of history than any deliberate design. At minimum, businesses should add disclosures in their vendor and customer agreements (for custom services and products delivery), if either party is using generative AI to ensure that intellectual property rights are understood and protected on both sides of the table as well as how each party will support registration of authorship and ownership of those works.
IP Literature Watch: June 2023 | Insights | CRA Particularly in developing countries, IPR protection has been bedeviled by various challenges which have hindered these countries from harnessing the potentials that IPRs could contribute to their . Updated Apr 13, 2023 Copyright Infringement can cost small businesses a fortune even when it's accidental. In 2011, Congress created a tribunal within the U.S. Patent and Trademark Office called the Patent Trial and Appeal Board (PTAB), which has created a new avenue for major tech companies to challenge IP protections. These laws have scarcely been amended to conform with several international treaties recently acceded to by Nigeria (such as the WIPO Copyright Treaty 1996, WIPO Performers and Phonograms Treaty 1996, Marrakesh Treaty 2013 and Beijing Treaty 2012) or even to adapt to the current business realities of todays society and the digital economy. The judicial system is also overwhelmed due to a lack of adequate manpower and finances; hence, IP cases may not be considered a priority that necessitates expedited hearing. The Museum of Modern Art in New York hosted an AI-generated installation generated from the museums own collection, and the Mauritshuis in The Hague hung an AI variant of Vermeers Girl with a Pearl Earring while the original was away on loan. Generative AI platforms are trained on data lakes and question snippets billions of parameters that are constructed by software processing huge archives of images and text. In terms of intellectual property, we have addressed below some queries. Also, the effectiveness of IP policies is often hampered by insufficient education on the nature and importance of IPRs among both users and administrators. First, I am not an attorney, so the information I am presenting has been gathered from a . April 07, 2023 HBR Staff/Pexels Summary. The questionnaire consisted of both closed-ended and open-ended questions in order to allow the respondents freely to express their opinions, which also enabled the authors to gain a deeper understanding of the respondents perspectives.
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