Intellectual Property Rights in Emerging Technologies: Legal Challenges and Implications
Right now, many technologists and business leaders are highly concerned with how intellectual property rights might be up for debate from a legal perspective related to new technologies. It is something worth diving into.
When a butterfly flaps its wings in the Amazon rainforest, it could change the weather half the world away. This is the illustration known as the "butterfly effect" that helps us wrap our heads around the concept of one thing having a domino impact on many others. The same is certainly true of the ways that technology impacts other technologies and virtually every aspect of human life. It often cascades upon itself, and anyone who interacts with these technologies must stay on top of it all to get the most out of those advancements.
Understanding Intellectual Property Rights in Emerging Technologies
You may not have realized it, but you have intellectual property (IP) rights for things that you put online. A special set of laws and rules applies in these cases, but you should try to make yourself as aware as possible of the rights available to you. The World Intellectual Property Organization defines your IP rights in the following way:
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.
New technologies are rapidly expanding, and some of the ways that they evolve may create a situation whereby your IP rights are violated. It is essential to understand your rights so they aren't run over.
There are several hot-button topics related to intellectual property rights with emerging technologies. It is impossible to cover every single type of technology that exists, but there are a few prominent ones that we should take a closer look at. Those include Artificial Intelligence, Blockchain and Cryptocurrency technologies, 3D Printing, and Virtual Reality.
Legal Implications of Artificial Intelligence (AI) on Intellectual Property
"Heart on My Sleeve" is a hit song that suddenly emerged in Spring 2023. It is also said to have been completely written and performed by artificial intelligence. That's right, that song required no human talent or performance to create it. Needless to say, this has opened a Pandora's Box regarding intellectual property rights.
What is agreed to at this time is that AI cannot stand in as a person for copyright and patent law purposes. Our Founding Fathers never could have imagined the AI products that we have today, but there are strict provisions in the Constitution related to patent law. Non-human creators are believed to be excluded from taking any patent or copyright credit for something these technologies create.
Therefore, it must stand alone as its own individual entity. That could mean that some of the greatest pieces of art, music, writing, and so much more may be created by AI in the future. However, AI itself cannot stamp a claim of copyright ownership over what it has created. This will undoubtedly create a number of legal entanglements and confusion for years to come.
Blockchain and Cryptocurrency Technologies
The blockchain creates a record of any and all transactions performed within its systems. This means that everyone can see those transactions even though the parties performing them are anonymous.
The blockchain is a database shared among a computer network's nodes. Everyone can see and contribute to it via the transactions they may perform. It is impossible to alter the records kept on the blockchain, so there is always a permanent record of what happened there.
While the transactions are visible, it can be very hard to determine ownership over a specific asset. It is a challenge both for creators who make something on the blockchain to prove that they own it. Those who might want to seek the licensing rights to use something they see on the blockchain might also find this difficult.
There are intellectual property (IP) implications in the world of cryptocurrencies. For example, just like so many other types of businesses, cryptocurrencies have their own unique set of images and trademarks that must be respected and maintained. Certain elements of the crypto world, such as non-fungible tokens (NFTs), are particularly unique. The owner of an NFT has the property rights to that specific token, and it cannot be infringed upon by anyone else.
On top of all of this, it is also true that there are certain trade secrets related to how specific algorithms are created for the blockchain. Those algorithms and the math that goes into them are often pieces of intellectual property that must be protected. Therefore, the blockchain is certainly touched by IP considerations at every level.
3D Printing and Intellectual Property Challenges
It was once believed that three-dimensional printing (3D) printing would forever revolutionize supply chains and more. The talking heads thought that we could simply print every material good that we required. It didn't quite work out like that, but 3D printing is still useful for creating a variety of basic products. That said, there are a few areas that 3D printer users need to be cautious about, including:
Design Similarity - It can infringe copyright law to create a product that is too similar to a copyrighted product already in the market. If the designs are too similar, one might be hit with a lawsuit.
Trademarks - Products created with a 3D printer that bare a trademarked logo or symbol are illegal. One would have to do this with intent, and it is best to steer away from this.
Patents - Patents protect one's right to produce a particular product long into the future. As such, violations of patents are another challenge for 3D printers.
The best thing to remember about 3D printing is to proceed with caution.
The ground underneath us is constantly shifting. Please contact us to learn how to subscribe to our blog or newsletter for the latest in-depth analysis, case studies, and updates on the legal aspects of intellectual property rights in emerging technologies.
Ivania Oberti, Esq.
“The information contained on this article presents general information provided by our Firm and is not and should not be used as legal advice. Before acting on any of the materials presented on this website, we advise you to seek legal counsel regarding your own unique situation. Using this website does not create an attorney-client relationship between the reader and Ioberti Legal”