UK starts consultation on AI and intellectual property

The UK government is seeking advice from expects on how artificial intelligence affects intellectual property rights, including patent, copyright, and trademark law.

The scope of the consultation does not specifically cover the use of AI as a tool to combat counterfeiting and piracy but will focus on other legal aspects that have some relevance to illicit trade.

For example, the document asks if an AI tool were used to make purchasing suggestions – removing human interaction from ordering and restocking products – how would that affect liability for trademark infringement?

In other words, can the actions of an AI infringe a trademark, and if so, who could be liable? “Should it be the owner, the operator, the programmer, the trainer, the provider of training data, or some other party?” asks the document.

This consultation closes at 11:45pm UK time on November 30.

“The UK is voted one of the best IP environments in the world. To keep it that way we are keen to look ahead to the challenges that new technologies bring,” says the government.

“We need to make sure the UK’s IP environment is adapted to accommodate them.”