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The revision of the Database Directive that is included in the Data Act does not address the status of public sector data nor does it enable access and use of data for research, but it should. 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.
Access to APIs, such as in the case of OpenAI’s model GPT-3 , the use of technical protection measures and access to training data limited by databaserights are some already existing examples. On the whole, it seems there is no justification for the creation of a sui generis right or ancillary right for the protection of ML models.
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). All-purpose TDM.
” Government should announce a clear policy position on the relationship between intellectualpropertylaw and generative AI to provide confidence to innovators and investors. One thing is for sure – the legal and regulatory framework in the UK with respect to AI is rapidly evolving, so watch this space. [1]
However, it’s unclear whether the models themselves are currently protected by intellectualpropertylaws. If model weights qualify as a database, what then? The run file is a classic piece of software and does not pose particular difficulties.
. 'Out of step with other nations': Canada's Crown copyright laws in need of an overhaul, say library associations [link] 2021-12-01. Getting ready for Quebec’s Bill 64 privacy law impacts on outsourcing [link] 2021-12-02. link] 2021-12-02.
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