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35) to reduce the availability of IP rights over some datasets is welcome. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States. More from our authors: Law of Raw Data. IntellectualPropertyLaw in China, 2nd edition. by Christopher Heath. €
But for anyone who had expected the Data Act to include a revision of the Database Directive — an ambition that the Commission had signalled in both the 2020 Data Strategy and the 2020 IntellectualProperty Action Plan — the final proposal will be a major disappointment. A right that shall not be exercised.
As previously reported , between October 2021 and January 2022 the UK IntellectualProperty Office held a public consultation on the intersection between artificial intelligence (AI) and intellectualpropertylaws (more specifically, copyright and patents). Database Dir.: articles 5(a) and 7(1).
However, it’s unclear whether the models themselves are currently protected by intellectualpropertylaws. However, in the EU there is another strong candidate for protecting model weights: the sui generis protection for databases established in Directive 96/9. If model weights qualify as a database, what then?
” Government should announce a clear policy position on the relationship between intellectualpropertylaw and generative AI to provide confidence to innovators and investors. 5] See, Article 22 of the UK General Data Protection Regulation. ” (available here ). [4]
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