On December 28, 2018, Professor Yu Xiang, Dean of Sino-European Institute for Intellectual Property of Huazhong University of Science and Technology and Director of Chinese-German Institute for Intellectual Property of School of Management, was invited to attend the 2nd Summit Forum on Innovation and Intellectual Property Rights of Universities of the Chinese Academy of Sciences and gave a lecture on Artificial Intelligence and Intellectual Property.
First of all, Professor Yu Xiang introduced the rapid development trend of "artificial intelligence" in a comparative way from the historical perspective and time dimension, and outlined the development process and future trend of artificial intelligence in China from the early 1980s to 2030. He said that the rapid development of artificial intelligence since 2010, for example the "Alpha Dog" victory over the world Go champion, Saudi Arabia even granted "robot Sofia" citizenship, warning us that while adapting to the convenience brought by artificial intelligence, relevant laws and regulations need to be established and improved to guide and maintain the benign and safe development of artificial intelligence. After the public consultation on January 18, 2019, the EU AI High Level Expert Group (AI HLEG) will formally release a draft code of ethics for AI to the society, which is not only the starting point for the discussion of "trustworthy AI" in Europe, but also an important reference for the development of relevant legislation and the trend of international cooperation.
Then, Professor Yu Xiang analyzed the challenge of artificial intelligence technology to the current intellectual property system. In terms of patent system, can algorithms in artificial intelligence get patent protection? Combining the Patent Law with the Guide to Patent Examination, he pointed out that the Patent Law could not exclude the possibility of obtaining a patent right when the algorithm contained not only the content of commercial rules and methods, but also the technical characteristics. Afterwards, Professor Yu Xiang combined the content of service invention and non-service invention in Article 6 of the Patent Law, and explored several possibilities of ownership of artificial intelligence "invention". When discussing the patent infringement of "artificial intelligence invention", he described the characteristics of artificial intelligence patent infringement from three aspects: multi-stage, concealment and subject complexity, and shared the identification methods of various infringements and the possibility of direct infringement and indirect infringement liability.
Professor Yu Xiang also pointed out the challenge of artificial intelligence to the current copyright system through the ownership and infringement of artificial intelligence "works". Whether the intelligent robot has the qualification of creative subject, whether the products of artificial intelligence are in the scope of intellectual property protection object, and to whom does the ownership of artificial intelligence "works" belong? Based on the autonomous learning ability of artificial intelligence, high simulation imitation becomes very simple and difficult to discern. How to judge and prevent the infringement of artificial intelligence "works" and maintain the legitimate rights of the originator? Professor Yu Xiang analyzed and answered these questions one by one.
Challenges and opportunities coexist. Professor Yu Xiang also talked about the contribution of artificial intelligence to intellectual property protection. He believes that artificial intelligence can assist and enhance the writing, translation, retrieval and examination of patent applications, and the combination of artificial intelligence and block chain can enhance the ability of identification, evidence collection and prevention of infringement, thus enhancing the protection and management of intellectual property rights.
Finally, Professor Yu Xiang called for more experts in social sciences to participate in the formulation and implementation of artificial intelligence development plans, and to work together with experts in natural sciences and engineering sciences; legislation in various artificial intelligence fields should become a hot issue in the field of science and technology management; the intellectual property system should adapt to the development of artificial intelligence and be adjusted appropriately; China should effectively use artificial intelligence+ block chain and other technologies to promote the protection and management of intellectual property rights in order to solve China's problems more reasonably and scientifically and facilitate China's development.
It is reported that the 2nd Summit Forum on Innovation and Intellectual Property Rights of Universities of the Chinese Academy of Sciences was held in the Academic Hall of the Chinese Academy of Sciences. The theme of the forum was "New Scientific and Technological Revolution and the Protection and Application of Intellectual Property Rights Facing the Building of a Powerful Country with Intellectual Property Rights". Through keynote speeches and thematic dialogues, more than 160 experts and scholars from universities, enterprises and institutions all over the country exchanged views on the theme, shared their wisdom and sought for innovative development.
