UK Consultation On AI Concludes That A Text And Data Mining Exception To Copyright And Database Right Infringement For Any Purpose Should Be Introduced – Patent | #itsecurity | #infosec



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The UK Intellectual Property Office (IPO) has published its
response to its consultation on legislative changes needed to
accommodate AI which closed in January 2022.


The Government’s response states that it “has
accepted the need to create a new data mining exception for
copyright and database rights
“, and that “This
will make it easier to analyse material for machine learning,
research and innovation
“. The exception will apply to
text and data mining “for any purpose” although
rights holders will still have safeguards to protect their content,
including a requirement for lawful access. The response also
includes details of the Government’s decision not to introduce
changes to the UK’s patent inventorship criteria or copyright
computer generated works provisions at this time, although the law
will be kept under review.

The Government sought evidence and views on a range of options
on how AI should be dealt with in the patent and copyright systems.
There had earlier been a “call for views” in September
2020, the results of which were published in April
2021.

Three specific areas were considered by the consultation:

  1. copyright protection for computer-generated works (CGWs)
    without a human author;

  2. licensing or exceptions to copyright for text and data mining
    (TDM) (significant in AI use and development); and

  3. patent protection for AI-devised inventions.

The Government has concluded:

  1. For computer-generated works, we plan no changes
    to the law
    . There is no evidence at present that
    protection for CGWs is harmful, and the use of AI is still in its
    early stages. As such, a proper evaluation of the options is not
    possible, and any changes could have unintended consequences. We
    will keep the law under review and could amend, replace or remove
    protection in future if the evidence supports it.”

  2. For text and data mining, we plan to introduce a
    new copyright and database exception which allows TDM for any
    purpose
    . Rights holders will still have safeguards to
    protect their content, including a requirement for lawful
    access.”

  3. For AI-devised inventions we plan no change to UK
    patent law now
    . Most respondents felt that AI is not yet
    advanced enough to invent without human intervention. But we will
    keep this area of law under review to ensure that the UK patent
    system supports AI innovation and the use of AI in the UK. We will
    seek to advance AI inventorship discussions internationally to
    support UK economic interests.”

Links to full response documents
here.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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