Angola | Currently no information available. | |
Argentina | Database rights | |
Australia | Case law for AI and IP | - Acohs Pty Ltd v Ucorp Pty Ltd [2010] FCA 577
Subject matter: Subsistence of copyright in data sheets generated electronically. - IceTV Pty Ltd v Nine Network Australia Pty Ltd [2009] HCA 14
Subject matter: Subsistence of copyright in weekly TV program schedules involving computer generation. - Telstra Corporation Limited v Phone Directories Company Pty Ltd [2010] FCAFC 149
Subject matter: Subsistence of copyright in the compilation of a telephone directory. - Commissioner of Patents v Thaler [2022] FCAFC 62
The Full Federal Court unanimously held that an AI cannot be named an inventor in a patent application in Australia. The Deputy Commissioner of Patents was correct to reach the conclusion that, by naming DABUS as the inventor, the application did not comply with reg 3.2C(2)(aa) of the Patents Regulations 1991 (Cth). As a result, the decision Thaler v Commissioner of Patents [2021] FCA 879 of the primary judge should be set aside and the orders to lapse the patent application made by the Deputy Commissioner reinstated. - Thaler v Commissioner of Patents [2021] FCA 879
On 30 July 2021, the Federal Court found in Thaler v Commissioner of Patents [2021] FCA 879 that, for the purposes of the Patents Act 1990, an artificial intelligence (AI) system could be named as an inventor on a patent application. This decision overturned an earlier decision of IP Australia that only a human can be named as an inventor for an Australian patent. - Stephen L. Thaler [2021] APO 5 (9 February 2021)
The decision of the IP Australia that states that only a human can be named as an inventor for an Australian patent. - Thaler v Commissioner of Patents [2022] HCATrans 199 (11 November 2022)
The applicant had sought special leave to appeal the decision of the Full Federal Court to the High Court which is the highest court in the Australian judicial system, the result of which was handed down. The High Court refused the application for special leave, which confirms that an AI system cannot be named as an inventor of a patent under current Australian law. No further appeal is possible.
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IP legislative measures adapted for AI | - Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (IPLA Act)
In the IPLA Act, the Australian Government passed a number of amendments to the Designs (Designs Act 2003, Section 135A), Patents (Patents Act 1990, Section 223A), Plant Breeder's Rights (Plant Breeder's Rights Act 1994, Section 76B) and Trade Marks Acts (Trade Marks Act 1995, Section 222A) to enable the Commissioner of Patents and Registrars of Trade Marks, Designs and Plant Breeder's Rights to arrange for the use of a computer program to make decisions, exercise powers and comply with obligations under the legislation. - Public consultation on introduction of computerised decision-making into Trade Marks, Patents, Designs & Plant Breeder’s Rights Acts 2018
Information on the public consultation process undertaken for these reforms is available on IP Australia’s website. - Guidance notes for legislative interpretation of the legislative amendments into Trade Marks, Patents, Designs & Plant Breeder's Rights Acts 2018
The document is available in the accompanying explanatory memorandum on Australia’s Federal Register of Legislation website. - IP Australia’s Automated Decision Governance Plan & Computerised Decision Register
IP Australia has instituted internal governance arrangements so that computerised decision-making will only be implemented for a decision with the direct approval of the Commissioner of Patents or the Registrars of Trade Marks, Designs and Plant Breeder’s Rights.
The arrangements include a framework and policy to govern the use of automated decision-making systems applied to any decision, power or obligation under IP Australia’s legislation; and a Computerised Decision-Making Register.
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Other AI and IP processes and information | - AI technology roadmap, AI ethics framework and related consultation
Australia continues to explore what the focus of Australian AI policy should be in the future. To develop ideas and actions, Australia is working with expert stakeholders through workshops and forums. - Australia's AI Action Plan: discussion paper 2020
In June 2021 the Australian Government published its first AI Action Plan. The plan sets out the Australian Government’s path forward to ensure we responsibly leverage AI to further strengthen our economy and lift the quality of life for all Australians. - Australia’s Digital Economy
Delivering a modern and digital economy to drive Australia’s future prosperity.
In 2021 Australia launched its digital economy strategy with an overarching vision for Australia to be a leading digital economy and society by 2030. A core component of this strategy centres on Artificial Intelligence and its potential to deliver economy-wide benefits by lifting Australia's competitive capabilities, enabling industry wide transformation and unlocking local jobs and economic growth.
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Austria | Database rights | |
Examination guidelines and procedures for AI | - Update of Guidelines for examination of patent applications (draft)
Guidelines will bring the Austrian Patent Office practices in line with the EPO.
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National or regional AI strategy | - Artificial Intelligence Mission Austria 2030 (draft)
The strategy is being jointly developed under co-chairmanship of the Ministry for Climate Protection, Environment, Energy, Mobility, Innovation and Technology and the Ministry for Digital and Economic Affairs. - E-Justice Strategy 2018
The strategy identifies potential use cases for AI in the justice area and shows the limits by strategic guidelines. Currently, the Ministry for Justice uses AI for the anonymization process of judgements and structuring of files. Furthermore, AI based systems are used for data analysis and structuring in the field of investigation proceedings and criminal proceedings.
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National or regional AI strategy with IP component | |
Other AI and IP processes and information | |
Azerbaijan | Database rights | |
Examination guidelines and procedures for AI | - Intellectual Property Agency of Azerbaijan Projects
The Intellectual Property Agency of Azerbaijan is currently working on two projects. One of them is “PANAH”, a digital service system for applicants allowing them to follow the examination process through a personal account and receive management reports on inventions, utility models, industrial designs, trademarks, and geographical indications. The second project is the creation of a “patent expert” information system to support expert decisions during patent examination.
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Bahrain | Data rights | |
Database rights | |
National or regional AI or other strategy with data component | - National AI Strategy (draft)
The Strategy is inter alia expected to emphasize on the importance of data as one of the primary drivers of AI solutions and to contain initiatives that strengthen the data protection frameworks, sectorial regulatory frameworks and promotion of adoption of international standards.
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National or regional AI strategy | - National AI Strategy (draft)
The Government of Bahrain is currently in the process of developing a Digital Economy & AI strategy.
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Other AI and IP processes and information | |
Belgium | Database rights | - Code of Economic Law (CEL) 2014
The Belgian law regarding database protection originates from the Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (Directive 96/9/EC) that introduces copyright protection for databases and a sui generis right for makers of databases. Belgium transposed the Directive 96/9/EC in the CEL.
Relevant provisions: Articles XI.307 and XI.310-314 CEL. - Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases
In 2019, in order to position Belgium into the European landscape of AI the AI4BELGIUM coalition launched a policy report. The report has been prepared by a multidisciplinary team of experts stemming from various institutional backgrounds, including AI practitioners, academics and governmental representatives.
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Other AI and IP processes and information | - Policy Report of AI4BELGIUM 2019
In March 2019, in order to position Belgium into the European landscape of AI, the AI4BELGIUM coalition launched a policy report. This report has been prepared by a multidisciplinary team of experts stemming from various institutional backgrounds, including AI practitioners, academics and governmental representatives.
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Benin | Currently no information available. | |
Bosnia and Herzegovina | Database rights | |
Brazil | Database rights | |
Examination guidelines and procedures for AI | |
National or regional AI strategy | - AI National Strategy (draft)
The Brazilan AI Strategy is currently under development and will be published by the end of 2020. The Ministry of Science, Technology, Innovations and Communications has recently launched public consultations as part of the process.
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National or regional AI strategy with IP component | |
Other AI and IP processes and information | - Activities of the Inter-Ministerial Group for Intellectual Property
This is an official group responsible for the elaboration of the IP aspects of the National Strategy. The Ministry of Science, Technology, Innovation and Communication is a member of the Group. - IP BRICS working group and other activities
INPI participates in the working group of the IP BRICS, exchanges experience with other IP institutes and elaborates sectorial study of trends in patent filings (technological radar) in addition to participating in national forums (Brazilian Intellectual Property Association - ABPI).
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Brunei Darussalam | Database rights | |
Bulgaria | Database rights | |
Burundi | Currently no information available. | |
Canada | Case law for AI and IP | |
Database rights | - Copyright Act 1985
Canada’s Copyright Act provides protection of original databases. Databases that meet the required criteria may also receive trade secret protection in Canada. No sui generis protection exists in Canada for non-original databases.
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National or regional AI strategy | - Pan-Canadian Artificial Intelligence Strategy 2017
The Strategy was released in 2017 and is implemented in partnership with the Canadian Institute for Advanced Research and three centres of excellence: the Alberta Machine Intelligence Institute (AMII) in Edmonton, the Vector Institute in Toronto, and the Montreal Institute for Learning Algorithms (MILA) in Montreal. - Charlevoix common vision 2018
Canada is collaborating with other countries to promote discussion around AI technologies. As a G7 country, Canada shares the Charlevoix common vision for the future of artificial intelligence released in June 2018.
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Other AI and IP processes and information | - Recommendations to amend the Copyright Act 2019
Further to amendments to the Copyright Act introduced in 2012, Canada’s Copyright Act includes a requirement that Parlament review the Act every five years. In June 2019 the House of Commons Standing Committee on Industry, Science and Technology (INDU) released the latest report containing 36 recommendations, two of which relate to AI:
- “Recommendation 14: That the Government of Canada consider amending the Copyright Act or introducing other legislation to provide clarity around the ownership of a computer-generated work.”
- “Recommendation 23: That the Government of Canada introduce legislation to amend the Copyright Act to facilitate the use of a work or other subject-matter for the purpose of informational analysis.” - Manual of Patent Office Practice (MOPOP) 2010
The MOPOP consists of a set of set out by the Canadian IP Office ("CIPO") and its interpretation of the Patent Act, Patent Rules and jurisprudence. While not legally binding, it can be used to guide for patent claims. Chapter 22, updated in 2010, provides that a computer-implemented invention may be claimed as a method (art, process or method of manufacture), machine (generally, a device that relies on a computer for its operation), or product (an article of manufacture). It is not clear, however, how that might apply to AI specifically. - Advisory Council on Artificial Intelligence 2019
In May 2019, the Government of Canada created an Advisory Council on Artificial Intelligence to advise the federal government on how best to build on Canada’s AI strengths. - Directive on Automated Decision-Making 2019
The Directive was released in April 2019 by the Government of Canada to guide federal governmental organizations using technology, including AI, to automate service decisions. It imposes requirements for the use of decision-making algorithms and systems within the public service. - Digital Charter 2019
In May 2019, the Government of Canada released a Digital Charter. The Charter proposes a principled approach to digital and data transformations, and considers AI among those transformations. - Treasury Board Policy on Service and Digital 2020
The Policy took effect on April 1, 2020. The Policy and supporting instruments serve as an integrated set of rules that articulate how Government of Canada organizations manage service delivery, information and data, information technology, and cyber security in the digital era. The Policy requires the heads of federal organizations to treat data as a strategic asset and ensure that departmental responsibilities and accountability structures are clearly defined for information and data. - Forum IA Québec
In collaboration with other stakeholders, Forum IA Québec conducts projects that aim to increase the international competitiveness of Quebec’s AI producers and promote the responsible use of AI by all organizations, particularly SMEs. - Canadian Intellectual Property Office (CIPO) report “Processing Artificial Intelligence: Highlighting the Canadian Patent Landscape” 2019
The Canadian Intellectual Property Office (CIPO) has published its latest IP analytics report “Processing Artificial Intelligence: Highlighting the Canadian Patent Landscape” that analyzes Canadian experience in patenting in the field of AI.
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Chile | Data rights | |
Database rights | - Law No. 17.336 on Intellectual Property 1970
The Law protects, on one hand, compilations of any kind and, on the other hand, the databases or compilations of data that, due to their arrangement or selection, constitute an original creation.
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National or regional AI strategy | - National AI Policy and an AI Action Plan (draft)
In August 2019, the Ministry of Science, Technology, Knowledge and Innovation was created to prepare National AI Policy and AI Action Plan. During December 2020 and January 2021, a draft of the Chile's National AI Policy was submitted for public consultation. The draft addresses principles that should govern AI in Chile.
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National or regional AI strategy with IP component | |
China | Case law for AI and IP | - Decision ZL200410053749.9 regarding Chatbot System right 2015
A case between Shanghai Zhizhen Intelligent Network Technology Co., Ltd. and Apple Inc. regarding whether the "Siri Voice Assistant" infringed the patent for the invention named "Chatbot System". The decision includes a discussion whether the "functional module" description, which is common in the field of artificial intelligence, fulfills the enabling disclosure requirement. - Shenzhen Tencent Computer System Co., Ltd. v. Shanghai Yingmou Technology Co., Ltd. 2019
A court in the Chinese city of Shenzhen held that an article that was created by an artificial intelligence program benefitted from copyright protection. - Beijing Intellectual Property Court (2017) Jing 73 Min Zhong No. 797 Civil Judgment. April 2, 2020
In this case, a sports camera being attached to an air balloon, automatically took videos of the earth surface. When discussing the copyright issues, the Court determined that although the camera was out of human control during the automatic overhead recording process, there still was a human intervention reflected in preselection of a video recording mode, video display format, sensitivity and other parameters of the camera. These parameters were considered to be set in advance, therefore, screenshots selected from the videos taken automatically by the camera constitute photographic works, and the unauthorized use of these pictures by others constitutes an infringement of the copyright of the Plaintiff's photographic work.
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Data rights | - Article 127 of Chapter V on Civil Rights of the Civil Code of the People's Republic of China
Article 127 of Chapter V on Civil Rights of the Civil Code of the People's Republic of China, which came into force on 1 January 2021, provides that where the law provides for the protection of data and online virtual property, it shall be in accordance with its provisions. The General Principles of the Civil Law of the People's Republic of China, effective 1 January 2021, is repealed.
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Database rights | - Hong Kong: Section 4(1)(a) of the Copyright Ordinance (Cap. 528) 1997
Under the copyright regime in Hong Kong, copyright subsists in original literary, dramatic, musical and artistic works etc. Databases or database rights are generally protected as original literary works as a compilation of data in any form, which by reason of the selection or arrangement of its contents constitute an intellectual creation, such as a written table.
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Examination guidelines and procedures for AI | - Revision of Patent Examination Guidelines 2020
The Guidelines include special provisions on the examination rules for patent applications for inventions related to artificial intelligence and other fields, such as scope of protection, inventiveness and drafting of specifications and claims.
Relevant provisions: Part II, Section 6 of Chapter 9.
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IP legislative measures adapted for AI | - Hong Kong: Registered Designs Ordinance (Cap. 522) 1997
Section 3(5) sets out that: “In the case of a design generated by computer in circumstances such that there is no human designer, the person by whom the arrangements necessary for the creation of the design are made shall be deemed to be the designer.” - Hong Kong: Copyright Ordinance (Cap. 528) 1997
Section 11(3) sets out that “In the case of a literary, dramatic, musical or artistic work which is computer-generated, the author is taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.”
Section 17(6) provides that the duration of the copyright of a computer-generated work expires at the end of the period of 50 years from the end of the calendar year in which the work was made.
Sections 91(2) and 93(2) provide that the right to be identified as author or director of a work and the right to object to derogatory treatment of a work do not apply in relation to any computer-generated work.
Section 198(1) provides that “computer-generated (電腦產生), in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work.”
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National or regional AI strategy | |
National or regional AI strategy with IP component | - New Generation Artificial Intelligence Development Plan 2017
The plan proposes establishing artificial intelligence technology standards and intellectual property systems and strengthening the protection of intellectual property rights in the field of artificial intelligence. The plan also proposes to set up an AI patent pool to promote utilization and diffusion of new artificial intelligence technologies.
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China | Case law for AI and IP | - (2022) Zhe 0192 Minchu No. 1008
The case relates to a dispute over the alleged infringement of the non-fungible token published on a trading platform. The Hangzhou Internet Court court held that the platform had failed to fulfill its duty of care and to take necessary measures to prevent infringement when it knew or should have known that its user had infringed another party’s rights. As a result, the court ordered the defendant to immediately delete the infringing NFT works published on its platform and to compensate the plaintiff for economic losses and reasonable expenses.
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Colombia | Examination guidelines and procedures for AI | - Patent Examination Guide 2010
In 2010 the Colombian Office's Patent Examination Guide was updated with computer-implemented inventions, including those with an AI component as part of the transformation and/or processing of data. - Superintendence of Industry and Commerce Projects 2020
During 2020, the Colombian Office developed a project whose main objective was focused on the design and implementation of AI tools to optimize the classification and sectorization of patent and utility model applications. Another project seeks to facilitate monitoring of distinctive signs published in the Industrial Property Gazettes for users of the industrial property system in the country. At the moment, both tools are in the testing and fine-tuning stage.
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National or regional AI or other strategy with data component | |
National or regional AI strategy | - National policy for digital transformation and artificial intelligence 2019
Through CONPES 3975 of 2019, the Ministry of Information Technologies and Communications (MinTIC) established the National policy for digital transformation and artificial intelligence. The main objective of the Policy is to generate social and economic value through the use of digital technologies in both the public and private sectors.
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Costa Rica | Database rights | |
Other AI and IP processes and information | |
Croatia | Data rights | |
Database rights | |
Other AI and IP processes and information | |
Cyprus | National or regional AI strategy | |
Czech Republic | Database rights | |
National or regional AI strategy | - Innovation Strategy of the Czech Republic 2019–2030 (2019)
On February 4, 2019, the Government of the Czech Republic approved a key document “Innovation Strategy of the Czech Republic 2019–2030”. The document was prepared by the Research Development and Innovation Council in close cooperation with a team of entrepreneurs, scientists, academics and representatives of the public administration. - National Artificial Intelligence Strategy of the Czech Republic of 6 May 2019
The Strategy sets out a framework of priority objectives and tools to support AI development in the academic, public and private sectors, mutual cooperation and international engagement.
The overall coordination of the AI strategy is taken up by the Ministry of Industry and Trade, while the coordination of specific key areas are assigned to their appropriate Ministry. - Position paper on Artificial Intelligence 2018
The Paper represents an agreement between Poland, Slovakia, Hungary and the Czech Republic to cooperate in the field of AI development.
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National or regional AI strategy with IP component | - National Artificial Intelligence Strategy of the Czech Republic of 6 May 2019
IP is mainly considered in Chapter 6 of the AI Strategy, entitled "Legal and social aspects of AI, ethical rules, consumer protection and security issues". A public consultation, including an interactive questionnaire on legal protection of AI is proposed. Actions in specific areas related to AI development, in particular for efficient and rapid access to and use of data, use of autonomous mobility resources, effective protection of intellectual property and enhanced consumer protection are envisaged. - Position paper on Artificial Intelligence 2018
Poland, Slovakia, Hungary and the Czech Republic agreed upon priorities for given areas, inter alia, with respect to legal aspects, such as who can be considered the author of AI-generated works.
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Other AI and IP processes and information | |
Côte d'Ivoire | Database rights | |
National or regional AI strategy | - ICT sector development strategies
The Strategy of the Head of State aims to allow Côte d'Ivoire to have in the short and medium term a competitive ICT services accessible to the greatest number of citizens and to build fundamentals of a digital economy.
Responsible organization: Ministry of Digital Economy and Post.
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Denmark | National or regional AI strategy | - National Strategy for Artificial Intelligence 2019
In 2019, the Danish government published its national strategy for artificial intelligence. The Strategy sets out the goals and visions for AI development in Denmark and presents the challenges to be addressed. It also identifies specific policy initiatives and priority areas. - Strategy for Denmark’s Digital Growth 2018
The policy report sets the direction on how Denmark can seize the opportunities of the digital transformation. This report contains 38 initiatives, including the ones directly related to artificial intelligence.
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Egypt | National or regional AI or other strategy with data component | |
National or regional AI strategy | - Egypt AI National Strategy
In April 2019, the Egyptian government embarked upon the development and implementation of a national AI strategy for the country. The strategy consists of the following Pillars: AI for Government, AI for Development, Capacity Building and International Relations.
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Estonia | Database rights | - Estonian Copyright Act (ECA) 1992
The ECA grants independent protection for databases by establishing sui generis rights for makers of databases to protect investments made by them.
Collection of data can also be protected by copyright provided that it meets the criteria for such protection.
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IP legislative measures adapted for AI | - Estonian Copyright Act (ECA) 1992
While there are no measures or provisions in the IP framework established specifically due to the emergence of AI, there exists a text and data mining exemption in the ECA since 2017 which enables training of AI algorithms in the academic and research sphere using copyrighted content. Specifically, the ECA permits to carry out text and data mining without the authorization of the author and without payment of remuneration, provided that such use does not have a commercial objective.
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National or regional AI or other strategy with data component | |
National or regional AI strategy | - Estonia's National Artificial Intelligence Strategy 2019-2021 (2019)
In July 2019, an expert group led by Ministry of Economic Affairs and Communications and the Government Office presented Estonia’s National AI Strategy. The Strategy provides an overview of both existing and proposed policy measures, along with their objectives, deadlines and budget estimations.
Estonia further intends to draft a national long-term strategy for AI.
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Other AI and IP processes and information | |
European Union | Case law for AI and IP | - European Patent Office decision of 27 January 2020 on EP 18 275 163 and European Patent Office decision of 27 January 2020 on EP 18 275 174
The decisions concern the refusal of the European patent applications EP 18 275 163 and EP 18 275 174 in which an AI system called "DABUS" was designated as the inventor. The EPO considered provisions of the European Patent Convention (“EPC”) and the term “inventor”. The EPO held that the term refers to a natural person and noted that this appears to be an internationally applicable standard, and that various national courts have issued decisions to this effect. This ruling follows similar stances adopted by other IP offices worldwide. - Decision T 0161/18 (Äquivalenter Aortendruck/ARC SEIBERSDORF) of 12.5.2020
In this decision, the European Patent Office did not grant a patent on determining cardiac output by the aid of an artificial neural network. The decision points to a lack of descriptive sufficiency because a subject matter expert could not reproduce the training of an artificial neural network. - Decisions J 8/20 and J 9/20 of the Legal Board of Appeal (December 21, 2021)
On December 21, 2021 the Legal Board of Appeal announced its decision to dismiss the appeal in cases J 8/20 and J 9/20. The Legal Board of Appeal confirmed the decisions of the Receiving Section of the European Patent Office to refuse the applications EP 18 275 163 and EP 18 275 174, in which an artificial intelligence system called DABUS was designated as inventor in the application forms.
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Database rights | |
Examination guidelines and procedures for AI | |
IP legislative measures adapted for AI | |
National or regional AI or other strategy with data component | - The European Strategy for Data 2020
The European Strategy for Data (adopted on 19 February 2020) sets out the actions the Commission plans to undertake to reinforce the EU data economy. The aim of the strategy is to create a single market for data, where personal and non-personal data, including confidential and sensitive data, are secure and where businesses and the public sector have easy access to huge amounts of high quality data to create and innovate. As part of the implementation of the strategy, the Commission will look into the issues around access and usage rights of co-generated IoT data and the evaluation of the IPR framework with a view to further enhance data access and use.
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National or regional AI strategy | - White Paper on Artificial Intelligence - A European approach to excellence and trust 2020
The European Commission has published a White Paper with policy and regulatory options “towards an ecosystem for excellence and trust”. Based on the results of a wide stakeholder consultation, the Commission will present a proposal for a European legal framework on Artificial Intelligence planned for the first half of 2021. - Coordinated Plan on Artificial Intelligence Made in Europe 2018
In December 2018, the Commission together with the EU Member States presented a coordinated action plan on AI setting out priority areas and actions to create synergies, pool data —the raw material for many AI applications — and increase joint investments. In relation to data, the plan considers also IP related issues. The plan is currently under review and an update is planned for the first half of 2021. - Communication “Building Trust in Human-Centric Artificial Intelligence” 2019
On April 8, 2019, the Commission published a communication presenting the European approach to ensure human-centric AI and endorsing the requirements for trustworthy AI proposed by the High-Level Expert Group on AI.
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National or regional AI strategy with IP component | - Action Plan on Intellectual Property 2020
In November 2020 the European Commission published a new Action Plan on Intellectual Property to help companies to make the most of their inventions and creations in the digitalization era, including current developments of AI.
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Other AI and IP processes and information | - Trends and Developments in Artificial Intelligence - Challenges to the Intellectual Property Rights Framework 2020
The report examines copyright and patent protection in Europe for AI-assisted outputs in general and in three priority domains: science (in particular, meteorology), media (journalism), and pharmaceutical research. It comprises an assessment of the state of the art of uses of AI in the three focus areas, and a legal analysis of how IP laws currently apply to AI-assisted creative and innovative outputs. - Proposal for a Regulation on a European approach for Artificial Intelligence 21
The document prepared by the European Commission sets out legal framework on AI. - EUIPO AI Vision
The HR strategic project “AI and Job Mapping Evolution” aims to provide an AI implementation framework ensuring a human centric and benefits driven approach, as well as, to identify emerging job profiles and skills and support staff´s dynamic skills set. - EUIPO AI Change Strategy
In the context of the SP2025, EUIPO is working on the implementation of next generation digital solutions based on state-of-the-art technology including AI, which will allow to provide advanced customer-centric services and contribute to sustaining high levels of staff engagement.
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Finland | Database rights | - Copyright Act (CA) 1961
The IP protection of databases in Finland is comprised of copyright protection and sui generis database rights. Relevant provisions: Section 1 and 5 (copyright) and Section 49 (sui generis database rights).
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Examination guidelines and procedures for AI | |
National or regional AI strategy | - Finnish AI Programme 2017
The Finnish AI Programme was formally launched in 2017 and its final report delineates an AI strategy for Finland. The report lays out eleven key actions ushering Finland into the age of AI. The report analyses actions taken in these eleven areas, as well as key lessons learned and provides for recommendations for the future. - Artificial Intelligence 4.0 (draft)
The continuation of the Finnish AI Programme, titled "Artificial Intelligence 4.0", has been prepared by the Ministry of economic affairs and employment and is in a stage of being launched in the second trimester of 2021.
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Other AI and IP processes and information | |
France | Database rights | - Intellectual Property Code (CPI) 1992
In France, database can be either protected by copyright (Article L112-3) or by sui generis database right that allows protection of database content that is not protected by copyright when there is a substantial financial, material or human investment (Book III (General provisions relating to copyright, neighbouring rights and producers' rights) and Book IV (General provisions relating to the protection of databases)).
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Examination guidelines and procedures for AI | |
National or regional AI or other strategy with data component | |
National or regional AI strategy | |
National or regional AI strategy with IP component | |
Other AI and IP processes and information | |
Georgia | Database rights | |
Other AI and IP processes and information | |
Germany | Case law for AI and IP | - Decisions relating to patent applications 10 2019 129 136.4 and 10 2019 129 136.4
In October 2019, the German Patent and Trademark Office (DPMA) received two patent applications named an artificial intelligence machine called DABUS as an inventor (File numbers: 10 2019 128 120.2 and 10 2019 129 136.4). In March 2020, the DPMA rejected both applications, as the declaration of inventorship submitted by the applicant did not meet the requirements set out in the German Patent Act and the German Patent Ordinance. In particular, the decisions states that the inventor pursuant to Sections 6, 37 and 63 of the German Patent Act, as well as Section 7 of the German Patent Ordinance can only be a natural person, i.e. a human being. - German Federal Patent Court Decision (November 11, 2021)
On November 11, 2021, the court ruled that AI-generated inventions are patentable but a natural person must be named as the inventor. To get around the current legal impediment, the court said the applicant can state that an AI machine was involved.
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Database rights | |
IP legislative measures adapted for AI | - Amendment of the German Copyright Act (UrhG) 2018
On March 1, 2018, Germany enacted a copyright exception for TDM for non-commercial scientific purposes in Section 60d of the UrhG. Articles 4 and 5 of the new DSM Copyright Directive (EU) 790/2019 now provide TDM limitations and exceptions, which are in part broader than Section 60d UrhG in its current version. The Directive has to be transposed into the national law until June 7, 2021. Germany intends to transpose these provisions in a new Section 44a ("General" TDM exception) and a revised Section 60d UrhG (TDM for scientific research).
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National or regional AI strategy | - Artificial Intelligence Strategy 2018
In November 2018, the Federal Government of Germany launched its Artificial Intelligence Strategy jointly developed by the Federal Ministry of Education and Research, the Federal Ministry for Economic Affairs and Energy, and the Federal Ministry of Labor and Social Affairs. The Strategy sets out a framework for a holistic policy on the future development and application of artificial intelligence in Germany. The Strategy is currently being further developed.
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National or regional AI strategy with IP component | |
Other AI and IP processes and information | |
Greece | Database rights | |
Hungary | Database rights | |
National or regional AI or other strategy with data component | |
National or regional AI strategy | |
Other AI and IP processes and information | - Artificial Intelligence Coalition 2018
Artificial Intelligence Coalition is a cooperation forum between stakeholders, universities and the government that was created in October 2018. This forum enhances communication in order to coordinate the national strategy for AI development.
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Iceland | Database rights | |
Other AI and IP processes and information | - Policy on Innovation in Public Sector (draft)
One of the twelve action points of the Policy is dedicated to AI use in public sector. The government is preparing a questionnaire for all governmental bodies and will provide a plan for AI use in public sector.
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India | IP legislative measures adapted for AI | |
Ireland | Database rights | - Copyright and Other Intellectual Property Law Provisions Act, 2019 (Act No. 19 of 2019)
Part II, sections 17 to 201 of the Act (as amended) provides copyright protection for original databases as required by the EU Database Directive 96/9/EC.
Part V, sections 320 to 361 of the Copyright and Related Rights Act 2000 (CRRA) (as amended) provides for the protection of the “database right” (sui generis right) as required by the EU Database Directive 96/9/EC.
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National or regional AI strategy | - Ireland’s National AI Strategy (draft)
The Strategy will provide a direction to the development, deployment and governance of AI in Ireland.
Responsible organisation: Irish Department of Enterprise, Trade and Employment (it is a cross-Government strategy).
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National or regional AI strategy with IP component | - Ireland’s National AI Strategy (draft)
Issues relating to IP and AI are briefly considered in a draft chapter entitled, "Governing for Trustworthy AI based on Human Rights and Ethical Principles", part of which addresses the existing and emerging legal framework for AI.
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Other AI and IP processes and information | - Public consultations on the national AI strategy 2019
A public consultation on the national AI strategy was undertaken in September/October 2019 but does not relate specifically to IP but it may be addressed under “Standards and Regulatory Framework” and “Data, cybersecurity, technological infrastructure”.
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Israel | Examination guidelines and procedures for AI | - Israeli Patent Office (ILPO) project on AI-based search engines
The Israeli Patent Office (ILPO) is currently working on development and use of search engines based on AI technology designed to find prior art documents during the patent examination process, which is expected to improve the efficiency and quality of patent searches.
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Italy | Database rights | |
National or regional AI strategy | - National AI Strategy (draft)
A working group with external experts from the private sector was set up in 2018 to develop the Strategy. Public consultation closed in 2019. The Strategy is currently being drafted by the Ministry of Economic Development.
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Japan | Data rights | |
Database rights | - The Copyright Act 1970
A database can be protected as a work when it constitutes a creation by reason of the selection or systematic construction of information contained therein under Article 12-2 (1) of the Copyright Act. Even if a database itself is protected, the rights of the author of a work that forms parts of the database will not be affected.
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Examination guidelines and procedures for AI | |
IP legislative measures adapted for AI | - Amendment of the The Copyright Act 2018
The Copyright Act (Articles 30-4, 47-4, 47-5) was amended in 2018 to introduce “flexible limitation provisions” for usage of copyrighted works needed for innovation through technologies such as IoT, Big Data, and AI for smooth exploitation of works. Especially, Article 30-4 describes limitation for exploitation without the purpose of enjoying the thoughts or sentiments expressed in a work. This Article is applied to actions such as collecting data necessary for machine learning in developing AI and providing those data to third parties.
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National or regional AI or other strategy with data component | |
National or regional AI strategy | |
National or regional AI strategy with IP component | |
Other AI and IP processes and information | - Cabinet Office's Initiative: Report titled “Committee to Review Intellectual Property regarding New Data-related Assets” 2017
Some of the topics raised in the report concern:
- Support for entering into contracts and establishing distribution infrastructure related to valuable data under the Unfair Competition Prevention Act (UCPA, revised in 2018);
- Establishment of a fair competitive environment as a basis for smooth sharing and consideration of possible rights to promote utilization of “valuable data”;
- Improvement of environment concerning promotion of creation of datasets for AI machine learning;
- Clarification of how the intellectual property system relates throughout the generation process of AI. - Data: Contract Guidelines on Utilization of AI and Data, AI section 2018
- Data: Contract Guidelines on Utilization of AI and Data, Data section 2018
These are guidelines regarding the issues that should be considered in data-related contracts (such as utilization, processing, transfer and other handling of data) and in particular in contracts regarding development and utilization of AI-based software. - Copyright: Guidance notes 2018
The Copyright Act, Article 30-4, 47-4, 47-5 was amended in 2018 to introduce “flexible limitation provisions” for usage of copyrighted works needed for innovation through technologies such as IoT, Big Data and AI for smooth exploitation of works. - Data: Guidelines on Shared Data with Limited Access 2019
The Guidelines provide examples of “shared data with limited access”. - Japan Patent Office's Initiative: Action Plan 2022
The JPO issued the new Action Plan (FY2022-2026 edition) with regards to utilizing artificial intelligence technology in the future.
The JPO is subsequently conducting Proof of Concepts and Proof of Business projects, developing, and introducing several tools in accordance with the Action Plan. - Japan Patent Office's Initiative: International Symposium on Patent Examination Practices on AI-related Inventions 2019
The JPO held the International Symposium on Patent Examination Practices on AI-related Inventions in November 2019, inviting experts from the IP5 Offices and others. During the seminar, it was discussed how each office determines patentability of claimed AI-related inventions based on common case examples the JPO prepared. - Data: Guidance for Data Utilization 2020
This booklet introduces key points to keep in mind and countermeasures when utilizing data in order to mitigate companies’ concerns and encourage data utilization. - Development of Examination Environment for AI-related Inventions Starts 2021
Aiming to develop an environment of more efficient and highest-quality examinations for AI-related inventions, the JPO inaugurated a Team for Supporting AI Examinations, an internal body in which the respective examination divisions collaborate beyond their responsible technical fields. The team accumulates and shares knowledge on the latest AI-related technologies and case examples of examination results, holds discussions on related measure for patent examinations and conducts other efforts. - Examination Guidelines in Manga: AI/IoT Edition 2021
The JPO has released the world's first manga-based version, namely, “Examination Guidelines in Manga: AI/IoT Edition”. The aim of publishing them as a manga is to get people who are not patent specialists interested in patent examination.
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Jordan | Database rights | |
National or regional AI strategy | |
National or regional AI strategy with IP component | |
Other AI and IP processes and information | - Public consultation process
The Ministry of Digital Economy and Entrepreneurship has initiated a public consultation process with interested parties. - Arab Artificial Intelligence Summit 2019, Jordan
In October 2019 the Ministry of Digital Economy and Entrepreneurship held the Arab Artificial Intelligence Summit 2019 in order to share future prospects of artificial intelligence in the Arab region.
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Kazakhstan | Database rights | |
Kyrgyzstan | Database rights | - Civil Code of the Kyrgyz Republic No. 1 of January 5, 1998 (Part II, as amended up to Law No. 133 of July 23, 2016)
Chapter 53 of the Code regulates copyright protection of intellectual property objects, including databases. - Law of the Kyrgyz Republic No. 28 of March 30, 1998, on the Legal Protection of Computer Programs and Databases (as amended up to Law No. 45 of May 3, 2018)
The Law regulates creation, legal protection and use of computer programs and databases. - Rules for Compilation, Filing and Consideration of Applications for Official Registration of Computer Programs or Databases, approved by the Decree of the Government of the Kyrgyz Republic of October 27, 2011 No. 686
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National or regional AI strategy | - Concept of Digital Kyrgyzstan 2018
The document reflects a common vision for the digital transformation of Kyrgyzstan. One of the stated goals is to create a legal framework for functioning of artificial intelligence technologies.
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Other AI and IP processes and information | |
Latvia | National or regional AI strategy | |
Lithuania | Database rights | |
National or regional AI strategy | |
Luxembourg | National or regional AI strategy | - AI strategy Artificial Intelligence: a strategic vision for Luxembourg 2019
In May 2019, the government of Luxembourg published its national AI strategy "Artificial Intelligence: a strategic vision for Luxembourg". The strategy is part of a broader policy program "Digital Luxembourg" aiming at coordinating and strengthening Luxembourg’s efforts in the digital transformation towards the development of a solid digital society.
On November 20, 2020, in order to implement this approach the Prime Minister launched a public consultation process.
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Malta | National or regional AI strategy | - Malta’s National AI Strategy 2019
In October 2019, the Maltese government published Malta’s National AI Strategy. The objective for Malta is to gain a strategic competitive advantage in the global economy in the field of AI.
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Mauritius | Database rights | - Copyright (Amendment) Act 2017
The Copyright Act provides legal framework for protection of intellectual property rights, including software and electronic databases.
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National or regional AI strategy | - Mauritius Artificial Intelligence Strategy 2018
The Mauritius Artificial Intelligence Strategy has been elaborated following the 2018/19 Budget Speech which sets the foundations for the emergence of an ecosystem for AI under the theme “Harnessing Artificial Intelligence to Foster Innovative Entrepreneurship”.
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Other AI and IP processes and information | - Digital Mauritius 2030 Strategy 2018
The Digital Mauritius 2030 Strategic Plan lays emphasis on innovation and emerging technologies like Artificial Intelligence, Blockchain, Robotics, Internet of Things, FinTech and Big Data. In this context, a methodology based on five strategic waves namely digital government, ICT infrastructure, innovation, talent management and cybersecurity was adopted. - Digital Government Transformation Strategy 2018
The Digital Government Transformation Strategy 2018-2022 (DGTS) lays emphasis on data in relation to governmental services and large-scale business optimisation. - Industrial Property Bill 2019
The Industrial Property Bill was passed in 2019 with the objective of strengthening the intellectual property protection and making it more adoptive to the global challenges.
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Mexico | Database rights | |
National or regional AI strategy | |
National or regional AI strategy with IP component | |
Other AI and IP processes and information | |
Morocco | Database rights | |
Myanmar | Database rights | |
Netherlands (Kingdom of the) | Database rights | |
National or regional AI or other strategy with data component | |
National or regional AI strategy | - Strategic Action Plan for Artificial Intelligence 2019
The policy report presents a range of policy initiatives and action plans to strengthen Netherlands’ competitiveness in AI on the global market. The Ministry of Economic Affairs and Climate Policy is responsible
for the document.
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National or regional AI strategy with IP component | |
Other AI and IP processes and information | - Consultation of the EPC contracting states
In 2018, the Netherlands responded to the Consultation of the European Patent Convention contracting states on legal aspects of AI patenting held by the European Patent Office. The response is not publicly available.
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Norway | Database rights | - Norwegian Copyright Act
Databases in Norway can either enjoy IP-protection through copyright protection or/and sui generis database rights. Relevant provisions: art 2(copyright) and art 24 (sui generis database rights).
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Examination guidelines and procedures for AI | |
National or regional AI strategy | - National Strategy for Artificial Intelligence
“The Norwegian Government will facilitate world-class AI infrastructure in Norway in the form of digitalisation-friendly regulations, good language resources, fast and robust communication networks, and sufficient computing power. It will facilitate data sharing within and across industries and sector”.
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Pakistan | Database rights | - Copyright (Amendment) Act, 1992 (CAA)
According to Subsection 3 of Section 3 of the CAA, “entitlement to copyright in compilation of data or other material shall not extent to data or other material itself and shall be without prejudice to any copyright subsisting in the data or other material, that is to say, the copyright shall subsist to the extent of compilation only”.
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Philippines | National or regional AI strategy | |
Poland | Database rights | |
National or regional AI strategy | |
National or regional AI strategy with IP component | |
Other AI and IP processes and information | |
Portugal | National or regional AI strategy | |
Republic of Korea | Database rights | |
Examination guidelines and procedures for AI | - Amendment of the Patent Examination Guidelines 2019-2020
March 2019: As the examination criteria for computer-related inventions were
amended, it has been specified that the examination for AI-related inventions shall follow the examination criteria for computer-related inventions.
October 2019: Cases on patentability of AI-related inventions were added.
2020: New case examples are following. - Revised Examination Guidelines for AI-related Inventions 2021
This revised Examination Guidelines include specific information on the description of AI-related inventions and examination cases on the patentability of AI-related inventions.
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IP legislative measures adapted for AI | - Amendment of the Copyright Act of Korea (draft)
The purpose of the draft amendment is to expressly provide regulations that would permit the reproduction of works, etc. when necessary in the process of analyzing data for the promotion of the 4th industrial revolution and of the use of Big Data.
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National or regional AI strategy | |
National or regional AI strategy with IP component | |
Other AI and IP processes and information | |
Republic of Moldova | Database rights | |
Russian Federation | Database rights | |
National or regional AI or other strategy with data component | |
National or regional AI strategy | - National Strategy for Development of Artificial Intelligence until 2030 (2019)
The Strategy approved by the Decree of the President of the Russian Federation No. 490 on October 10, 2019 defines goals and main objectives for the development of artificial intelligence in the Russian Federation, as well as measures aimed at using it to ensure national interests and implementation of strategic national priorities, including in the field of scientific and technological development.
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National or regional AI strategy with IP component | |
Sao Tome and Principe | Currently no information available. | |
Saudi Arabia | Data rights | |
Database rights | |
National or regional AI or other strategy with data component | |
National or regional AI strategy | |
Serbia | Database rights | |
National or regional AI strategy | - Strategy on AI Development of the Republic of Serbia 2020-2025 (2019)
The Strategy was adopted on 26 December 2019 with the aim to establish goals and measures for AI development and implementation in accordance with national priorities and international standards.
Responsible organization: Ministry of Education, Science and Technological Development.
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National or regional AI strategy with IP component | |
Other AI and IP processes and information | |
Singapore | Database rights | - Patents Act (2005 Rev Ed) 1994
It is possible to seek protection of aspects of electronic databases in the form of patents if they meet the criteria under the Patents Act. In the traditional bespoke or commercial-off-the-shelves (“COTS”) database software analysis, organisations would design, develop and customise software that is capable of enabling “users to define, create, maintain and control access to the database”. Such inventions are capable of protection under the patent regime in the form of a software patent, with claims to protect the schema, structure of tables and relationships between tables. However, the scope of such patents is usually limited to the particular software in question, and it does not extend to the protection of the database as a collection of data. Nevertheless, the rise of artificial intelligence tools means that software designers could also explore new ways of designing electronic databases and the processes relating to the use of such databases. In this regard, while IPOS has noted that algorithms powering artificial intelligence tools are mathematical methods in and of themselves, and are not capable of protection under the Patents Act, IPOS has also clarified in its examination guidelines that if the subject matter is directed at solving a functional problem (e.g. using a specific algorithm), patent claims in this regard may be capable of protection. - Copyright Act 2021
ss13-14 of the Act confers copyright protection on compilations in any form (including databases) and computer programs as literary works. Protection of a compilation is confined to the selection or arrangement of its contents, which constitutes an intellectual creation, i.e. there is a need for a human author to expend intellectual efforts in compiling databases (and not only the verification of facts). This position is buttressed by the fact that copyright law assumes there must be a natural person as a qualified person within the meaning of ss109-110 of the Copyright Act. - Examination Guidelines for Patent Applications at IPOS
Relevant provisions: Paragraphs 8.22-8.27.
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Examination guidelines and procedures for AI | - Revision of Examination Guidelines for Patent Applications at IPOS 2019
Revisions to Chapters 8, Section A in relation to Patentable Subject Matter for Artificial Intelligence and Machine Learning methods. - SG IP Fast Track 2020
In May 2020, IPOS built on the Accelerated Initiative for Artificial Intelligence (AI2) (as well as the FinTech Fast Track (FTFT)) to launch the SG Patent Fast Track Pilot Programme. Under the programme, patent applications in all fields of technology that are first filed in Singapore can be granted in six months. In September 2020, the programme was expanded to include the acceleration of related trade mark and registered design applications, and renamed the SG IP Fast Track (“SG IP FAST”).
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IP legislative measures adapted for AI | - Copyright Act 2021
To catalyse innovation and provide certainty, a copyright exception for using copyright works solely for computational data analysis (regardless whether commercial or non-commercial) was introduced as part of Singapore’s latest reform efforts in the field of copyright. The exception is found in Sections 243 – 244 of the Copyright Act 2021, which came into effect in November 2021. The exception, which expressly recognises the use of copyright works for machine learning, supports AI research and development. At the same time, it comes with safeguards for rights holders' interests, such as requirements of the user to have lawful access to the works (e.g. a paid subscription); user may not distribute to those without lawful access; and right holders may implement security measures to maintain security and stability of the network or system.
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National or regional AI or other strategy with data component | - National AI Strategy (NAIS) 2019
While the National AI Strategy does not specifically deal with legal rights, such as the creation of a sui generis right for data and/or databases, Data Architecture has been identified as one of the critical ecosystem enablers under NAIS. This involves the creation of a trusted data sharing framework.
Specifically, it sets out the need to: (a) establish frameworks for public-private data collaboration; and (b) establish trusted data intermediaries for public-private data exchange.
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National or regional AI strategy | - National AI Strategy (NAIS) 2019
The NAIS maps out how Singapore will develop and use AI to transform the economy and improve the lives of its citizens. - National AI Strategy (NAIS) 2.0
The NAIS 2.0, released in December 2023, outlines Singapore’s vision to be a place where AI serves as a force for good, and where AI is harnessed to uplift and empower people, and businesses. It sets out 15 actions that Singapore will undertake across the identified Systems and Enablers to support Singapore’s AI ambitions over the next three to five years.
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National or regional AI strategy with IP component | - National AI Strategy (NAIS) 2019 and NAIS 2.0
The efforts by the Intellectual Property Office of Singapore (IPOS) to provide IP-related programmes and solutions to businesses for their AI solutions are part of the NAIS. These include IP strategy services by IPOS's enterprise engagement arm; the SG Patent Fast Track programme to support the acceleration of patent applications in all technology fields including AI; and reviews of the IP laws to ensure they support the development and commercialisation of AI technologies.
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Other AI and IP processes and information | - Centre for AI and Data Governance (“CAIDG”)
CAIDG is a research centre set up in the Singapore Management University’s Yong Pung How School of Law following the award grant from the National Research Foundation and the Infocomm Media Development Authority to set up a Research Programme on AI and Data Governance (“Research Programme”). As part of its targets under the Research Programme, CAIDG has, among other initiatives, worked with IPOS to study the interactions between AI and IP regimes, including a jurisdictional landscape report on issues at the intersection of AI and IP law (published 28 Feb 2024 and available on the IPOS website). - Model Artificial Intelligence Governance Framework (“Model Framework”) 2019
A voluntary set of compliance, ethical principles and governance considerations and recommedations that can be adopted by organisations when deploying traditional discriminative AI technologies at scale. The Model Framework, which is sector and technology-agnostic, is designed to achieve two high-level guiding principles: (1) decision-making should be explainable, transparent and fair; and (2) AI solutions should be human-centric and safe. The second edition includes additional governance considerations and industry examples, and refines the original Model Framework for greater relevance and usability. It was released with two other complementary initiatives, an Implementation and Self-Assessment Guide for Organisations (“ISAGO”) and the Compendium of Use Cases (“Compendium). While not directly related to IP per se, the Model Framework sets out a sector-agnostic approach to traditional discriminative AI governance, upon which individual sectors (e.g. creative industry, financial industry, technology industry) can develop sector-specific approaches to AI governance through their respective sector regulators. The Model Framework also sets out recommendations relating to management of data and datasets, algorithm and model in AI systems. - AI Verify and AI Verify Foundation
In 2022, the Infocomm Media Development Authority (IMDA) and the Personal Data Protection Council (PDPC) launched the AI Verify Minimum Viable Product. This testing toolkit consists of baseline standardized tests – covering core AI ethics principles such as transparency, fairness, explainability, and data governance - to help companies objectively demonstrate responsible AI. Being more transparent about their AI helps to build trust in their products. Recognizing that the science of AI testing and governance is still nascent, Singapore open-sourced AI Verify and started an open-source Foundation (the AI Verify Foundation) in 2023 to crowd in system developers, solution providers and the research community to further develop the testing toolkit. - Proposed Model AI Governance Framework for Generative AI 2024 (“MGF for Generative AI”)
Enhancing the Model Framework, the MGF for Generative AI sets out a systematic and balanced approach for key stakeholders to address Generative AI concerns while facilitating innovation. It identifies nine dimensions that should be looked at in totality to support a comprehensive and trusted AI ecosystem: Accountability, Data, Trusted Development and Deployment, Incident Reporting, Testing and Assurance, Security, Content Provenance, Safety and Alignment Research & Development, and AI for Public Good. Under the Data dimension, it highlights the need to balance copyright concerns with data accessibility. The MGF for Generative AI develops the policy ideas highlighted in the Discussion Paper on Generative AI: Implications for Trust and Governance; and draws from the approaches adopted by key jurisdictions (e.g. US, EU, UK, China), international organisations (e.g. OECD, UN, WEF) and published papers from the research community and leading AI organisations. It is open for public consultation till 15 March 2024.
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Slovakia | Data rights | - Trade secrets regime
Data in Slovakia can be protected by various contractual agreements, e.g. under non-disclosure agreement, or by an obligation to maintain confidentiality / trade secrets.
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Database rights | |
National or regional AI or other strategy with data component | |
National or regional AI strategy | - 2030 Digital Transformation Strategy for Slovakia 2019
The Strategy is a set of specific measures to facilitate sustainable growth of the AI ecosystem in Slovakia within the framework of European values, focusing on two pillars, i.e. excellence and trust.
Responsible organization: Office of the Prime Minister of the Slovak Republic for Investments and Informatization. - Action plan for the digital transformation of Slovakia for 2019-2022 (2019)
The Plan offers a set of steps on how to start building a sustainable, human centric and trustworthy AI ecosystem.
Responsible organization: Office of the Prime Minister of the Slovak Republic for Investments and Informatization.
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National or regional AI strategy with IP component | |
Slovenia | Database rights | - Copyright and Related Rights Act (CRRA) 1995
The CRRA contains provisions regarding protection of databases as "works" by copyright (Article 8) and provisions regarding a sui generis database right (Article 141a and seq.).
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National or regional AI strategy | - National program for support of development and uptake of AI in Republic of Slovenia (draft)
The Program specifies coherent measures for promotion and support of AI R&D and Innovation in Slovenia. For a wider coordination of different stakeholders a multi-stakeholders working group has been formed. It consists of representatives of various ministries and government departments. First draft of the Program was prepared within the multi-stakeholders working group in July 2019.
Responsible organization: Ministry of Public Administration (responsible for Information Society policy area).
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National or regional AI strategy with IP component | |
Other AI and IP processes and information | |
South Africa | Case law for AI and IP | |
Spain | Data rights | - Law 1/2019, of February 20, on Business Secrets
Spanish legislation does not expressly recognize a property right over data. However, Law 1/2019, of February 20, on Business Secrets (LSE) in Chapter III (Articles 4-7) regulates business secrecy as an object of property law.
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Database rights | - Royal Legislative Decree No. 1/1996 of April 12, 1996 (TRLPI)
The legal protection of databases is regulated in TRLPI which transposes the provisions of the Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases.
Relevant provisions: Articles 12, 31, 34, 40 ter. and Articles 133 - 137, 197 and 203.
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Examination guidelines and procedures for AI | |
National or regional AI strategy | - Spanish Research and Development Strategy in AI 2019
Spanish Research and Development Strategy in AI of the Ministry of Science, Innovation and Universities sets out priorities and recommendations in AI field.
Responsible organization: Ministry of Science and Innovation.
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Other AI and IP processes and information | |
Sweden | Database rights | - Act (1960:729) on Copyright in Literary and Artistic Works
The Act implements the Directive 96/9/EC on the legal protection of databases. Database protection in Sweden is comprised of both a copyright protection and a sui generis database right.
Relevant provisions: Articles 1, 5 and 49. Articles 1 and 5 set out the subject matter and the scope of copyright and Article 49 contains the sui generis database right, which is also part of the so-called neighbouring rights in Sweden.
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National or regional AI strategy | - National Approach to Artificial Intelligence 2018
The document was set up by the Ministry of Enterprise and Innovation. The National approach to AI does not consider IP. However, it complements the Government’s Digital Strategy which considers IP. The purpose of the document is to identify an overall direction for AI-related works in Sweden and lay the foundation for future priorities. In the document a number of key conditions such as education and training, research, innovation and use, framework and infrastructure are identified as particularly important to realize the potential of AI. - Artificial intelligence in Swedish business and society 2018
In 2018 Vinnova published an extensive policy report outlining the opportunities and challenges of AI in Sweden, and Sweden’s capabilities to embrace the full potential of AI. Vinnova is a government agency under the Ministry of Enterprise and Innovation and the national contact authority for the EU Framework Programme for Research and Innovation. It is also the Swedish Government’s expert authority in the area of innovation policy.
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National or regional AI strategy with IP component | |
Other AI and IP processes and information | - National Approach on Data (draft)
The Ministry of Infrastructure is currently preparing a national approach on data as a strategic resource for AI and other digital innovation - AI Sweden
AI Sweden is the Swedish National Center for applied Artificial Intelligence supported by the Swedish government and the public and private sectors across the country. - AI & IP rights - a thought paper from Swedish Patent Office (PRV)
The memorandum was produced by an internal working group at the PRV after high-level meetings with representatives from business as well as from academia. The main question was formulated as how the existing intellectual property law system works in relation to works and inventions created by AI or with the help of AI. (in Swedish) - Statistical yearbook 2021
The PRV conducts an annual review of the position of IP rights in Sweden. This year's edition includes some analysis on AI, biometrics and deep machine learning. (in Swedish)
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Switzerland | Data rights | - Trade secrets regime
There is no property over data in Switzerland. However, the ownership-like rights exist within the trade secrets law (Art. 4 let. c, Art. 5 and Art. 6 of the Federal Act against Unfair Competition, CC 241; Art. 162 of the Swiss Criminal Code, CC 311.0; e.g. Art. 41, 321a, 423 of the Swiss Code of Obligations, CC 220; etc.).
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IP legislative measures adapted for AI | - Amendment of Federal Act on Copyright and Related Rights (Copyright Act, CopA) 2020
According to the exception for scientific purposes, authors will no longer be able to prohibit the automatically created copies that are necessary for analysis. The appeal made for an exception for scientific purposes is based upon the assumption that the copies are primarily stored for the purpose of scientific research and are required for technological reasons. In addition, researchers need lawful access to the work. This means that they must acquire this work themselves or that it is available from a library. Authors receive no additional remuneration for such use. As it does not concern the use of the work as such, but instead an automated use of the data that it contains, the author does not suffer
from any financial loss.
Relevant provisions: Article 24d.
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National or regional AI strategy | |
National or regional AI strategy with IP component | |
Thailand | Database rights | |
National or regional AI strategy | |
Other AI and IP processes and information | - Thailand's National Electronics and Computer Technology Center (NECTEC)
The Center is a national technology institution under the National Science and Technology Development Agency (NSTDA), Ministry of Higher Education, Science, Research and Innovation. NECTEC is a statutory government organization with its main responsibilities of undertaking, supporting and promoting the research and development of electronics and computer technologies. NECTEC also provides linkage between research communities and industries through the established industrial clusters and programs. - The Digital Government Development Agency (DGA)
The DGA is a public organization that provides services and support to all governmental agencies with regards to digital government transformation. - Artificial Intelligence Association of Thailand (AIAT)
The AIAT is a voluntary research community in the field of artificial intelligence and the largest non-profit institution of research of artificial intelligence in Thailand. The association is committed to accelerate progress of artificial intelligence innovation, implementation and development.
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Türkiye | Database rights | |
National or regional AI strategy | - National Artificial Intelligence Strategy 2021-2025 (NAIS)
The Presidential Circular No. 2021/18 on the 'National Artificial Intelligence Strategy 2021-2025', prepared in cooperation with the Digital Transformation Office of the Presidency of the Republic of Türkiye and the Ministry of Industry and Technology, and with active participation of all relevant stakeholders, has entered into force upon its publication in the Official Gazette dated 20/08/2021 and numbered 31574. Within the scope of these strategic priorities, 24 objectives and 119 measures were determined. NAIS sets the measures that will align our country's efforts on AI for the period 2021-2025.
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National or regional AI strategy with IP component | |
Other AI and IP processes and information | - Creation of two new Directorates
Two new Directorates have been established to tackle issues related to AI and other emerging technologies. The National Technology Directorate General focuses on implementation of the national AI strategy under the coordination of the Presidency's Digital Transformation Office and in line with the national technological initiative. The other Directorate is dedicated to research of the newly emerging technologies including AI. - National AI Roadmap (draft)
The Presidency’s Science, Technology and Innovation Policies Council and the Scientıfıc and Technological Research Council of Turkey (TUBİTAK) have initiated a national AI roadmap. For these purposes, studies are being carried out with the involvement of diverse stakeholders from academia, private and public sectors and NGOs.
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Uganda | Database rights | |
National or regional AI strategy | - Uganda’s National 4IR Strategy
The strategy document employs a three-part framework to set out Uganda’s key Fourth Industrial Revolution opportunities, enablers and delivery mechanisms.
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Other AI and IP processes and information | - Kampala Digitalization Forum 2018
On November 15-16, 2018, the Ministry of ICT and National Guidance on collaboration with Konrad-Adenauer-Stiftung held the first Kampala Digitalization Forum in Uganda for some of East Africa's key players in the digitalization sphere to discuss challenges and opportunities ushered by the 4th Industrial Revolution and how to effectively manage them, especially from the policy angle. - National Science Technology and Innovation Policy 2009
The National Science Technology and Innovation Policy 2009 provides directions for sustainable development and sets targets and defines organizational and management requirements for an operational national science, technology and innovation system. - National Intellectual Policy 2019
The National Intellectual Policy 2019 aims at establishing an IP infrastructure for innovation and creativity.
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Ukraine | Database rights | |
Other AI and IP processes and information | |
United Kingdom | Case law for AI and IP | |
Database rights | |
Examination guidelines and procedures for AI | - Formalities Manual, Intellectual Property Office 2020
Relevant provision: Section 3.05. - UK Manual of Patent Practice
UK Manual of Patent Practice which explains Intellectual Property Office's practice under the Patents Act 1977 includes specific guidance on AI as inventor and on eligible subject matter. Sections 1, 7 and 13 will be updated. - Examining patent applications relating to AI inventions
In response to the 2021 call for views on AI and IP, the IPO published enhanced guidance on the examination of applications relating to AI, including:
- The legal framework for examining applications for or using AI and how this will be applied.
- Various scenarios based on an abridged patent specification, to show how we would apply the guidance to an invention.
The guidance has been created to provide more clarity on the patent exclusions relating to AI and to help practitioners and applicants succeed with their applications.
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IP legislative measures adapted for AI | - The Copyright, Designs and Patents Act 1988
Part 1, Chapter 1 of the Copyright, Designs and Patents Act 1988 sets out the subsistence, ownership and duration of copyright protection in the UK; Articles 9(3) and 12(7) refer specifically to computer-generated works.
Section 214(2) of the Copyright, Designs and Patents Act 1988 contains similar provisions in relation to UK unregistered design right. - Registered Designs Act 1949
Section 2(4) of the Registered Designs Act 1949 sets out that: “In the case of a design generated by computer in such that there is no human author, the person by whom the arrangements necessary for the creation of the design are made shall be taken to be the author.”
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National or regional AI strategy | - AI and Data Grand Challenge 2017
This is one of four Grand Challenges to put the UK at the forefront of the industries of the future set out in the UK’s Industrial Strategy. The UK’s Industrial Strategy was published in November 2017. See pages 36 to 41 for the AI and Data Grand Challenge.
The Office for Artificial Intelligence, a joint Department for Business, Energy and
Industrial Strategy and Department for Digital, Culture, Media and Sport unit, is
responsible for overseeing implementation of the AI and Data Grand Challenge. - AI Sector Deal 2018
The document takes forward key recommendations from the independent report “Growing the artificial intelligence industry in the UK”, and will support AI firms to grow in the UK and to help drive adoption of the technology in the wider economy. The AI Sector Deal was published in April 2018.
The Office for Artificial Intelligence, a joint Department for Business, Energy and Industrial Strategy and Department for Digital, Culture, Media and Sport unit, is responsible for overseeing implementation of the AI Sector Deal. - National AI Strategy
The National AI Strategy builds on the UK’s strengths but also represents the start of a step-change for AI in the UK, recognising the power of AI to increase resilience, productivity, growth and innovation across the private and public sectors.
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National or regional AI strategy with IP component | - AI Sector Deal 2018
The report considers improving the transfer of intellectual property. It recommends that universities ensure that the primary objective of their approach to commercialization of research in AI is the exploitation of intellectual property (IP) and its protection.
The UK IPO is responsible for AI in IP policy. - National AI Strategy
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Other AI and IP processes and information | - Artificial intelligence and intellectual property: call for views 2020
On 7 September 2020, the UK launched a call for views on AI and IP. To understand the impact IP might have for AI in the near to medium term, the UK call for views poses a number of questions on AI and IP policy. It covers patents, copyright and related rights, designs, trade marks and trade secrets as well as issues that cut across the IP rights. The UK call for views was open until 30 November 2020. - Launch of AI-powered Trade Marks Pre-Apply service 2020
The UK IPO has launched an AI-powered Trade Marks Pre-Apply service to help applicants formulate their applications. - AI Council AI Roadmap 2021
AI Roadmap is an independent report, carried out by the AI Council, providing recommendations to help the government's strategic direction on AI, including four pillars on which to build the UK’s future in AI. - AI and IP: consultation on amending copyright and patents legislation
The government sought evidence and views on a range of options on how AI should be dealt with in the patent and copyright systems, including:
- The extent to which copyright and patents should protect inventions and creative works made by AI.
- The measures to make it easier to use copyright-protected material in AI development.
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United States of America | Case law for AI and IP | |
Data rights | - Diverse laws and regulations
Data may be subject to intellectual property rights in the US, including copyright and trade secret laws, depending in part on the definition of “data.” For example, “raw” data that is purely facts would not be protected by copyright, but compilations of such facts may be protected. Other types of rights, including contractual, privacy, or confidentiality provisions may govern data.
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Database rights | - Protection of intellectual property subsisting in databases
While the United States does not have a sui generis “database” protection, it does protect intellectual property subsisting in databases via copyright (including compilations), trade secrets, and other intellectual property rights. In addition, databases may be protected through tort law (e.g., misappropriation) or contract law. For relevant IP laws, see, e.g., 17 U.S.C. § 101 et. seq. (copyright); 18 U.S.C. § 1831 et. seq. (trade secret).
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Examination guidelines and procedures for AI | |
National or regional AI strategy | |
Other AI and IP processes and information | |
Uruguay | Database rights | - Law No. 9.739 of December 17, 1937, on Literary and Artistic Property
The Law provides copyright protection for databases in any form, which by reason of the selection or arrangement of their contents constitute creations of intellectual nature. This protection does not cover those data or materials per se, and this is also without prejudice to any copyright subsisting in respect of such data or materials contained in the compilation (Article 5).
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Uzbekistan | Database rights | |
Viet Nam | Database rights | |
National or regional AI strategy | |