IP tools

How to Safeguard AI Technology: Patents versus Trade Secrets

The article above describes a common difficulty of intellectual property (IP) claims for artificial intelligence (AI): patent claims for AI are often deemed to be no more than abstract ideas.  The United States Patent and Trademark Office (USPTO) has established a number of specific categories of AI in order to distil its definition, but the overarching theme amongst these categories is that, if a human mind can accomplish a particular task, it is likely an abstract idea. Of course, AI is, by its nature, an attempt to replicate the human mind, albeit in perhaps a stylized or exaggerated fashion; thus, the difficulty of patenting this technology is readily apparent.

In addition to with patents, legal battles also remain with regard to trade secrets. Rather than engage in litigation to prove infringement, a company seeking to protect a trade secret must instead demonstrate that the secret was misappropriated and that it took reasonable measures to maintain confidentiality. The distinction between patents and trade secrets remains very important for companies: trade secret law undoubtedly offers protection where patents do not, and vice versa.

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Updated ICC innovation principles

The Innovation Chamber of Commerce has published the latest edition of the ICC Innovation Principles, a guide to the policy frameworks that create and nurture robust innovation ecosystems. The principles are separated into four sections, which provide an overview of the policy framework that businesses of all sizes need to be familiar with in order to innovate. The principles focus on Innovation Ecosystems, in recognition of the complex and interconnected nature of innovative activity. A call is made for multistakeholder conversations in all policy forums that affect these ecosystems, allowing businesses to show the inner workings of innovation.

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Indonesia adopts blockchain to grow music industry IP

Irfan Aulia, who runs Massive Music Entertainment, wants to launch the Portamento project to help Indonesian musicians who have uploaded their works to the database to track and monitor downloads and usage of their music online, in order to calculate royalties due.

“By matching and commercializing the database, the metadata, we believe the Indonesian market for copyrights will increase over five to ten years,” says Irfan.  “Basically, we are creating our own big data which will be accessible to all users. This is actually the goldmine.”

Indonesia has around two million music works, of which only 300,000 are recorded. This missing intellectual property could play a key role in the development of the creative economy, says Hasan Kleib, Indonesia’s ambassador to the United Nations in Geneva.

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WIPO IP Diagnostic

This WIPO tool enables users to undertake a basic diagnostic of the intellectual property situation of their business. It is in the form of a questionnaire with several sections that asks questions on different IP topics (e.g. innovative products, trademarks, licensing, designs, internationalisation, etc.). The tool then generates a report that gives recommendations and further information on IP and business competitiveness.

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