Montreal AI Ethics Institute’s (MAIEI) Submission to the World Intellectual Property Organization (WIPO) Conversation on Intellectual Property (IP) and Artificial Intelligence

Published in Submitted to the World Intellectual Property Organization, 2020

Recommended citation: Cohen, Allison, and Abhishek Gupta. "Montreal AI Ethics Institutes (MAIEI) Submission to the World Intellectual Property Organization (WIPO) Conversation on Intellectual Property (IP) and Artificial Intelligence (AI) Second Session." arXiv preprint arXiv:2008.04520 (2020). https://www.wipo.int/export/sites/www/about-ip/en/artificial_intelligence/conversation_ip_ai/pdf/ngo_maiei.pdf

This document posits that, at best, a tenuous case can be made for providing AI exclusive IP over their “inventions”. Furthermore, IP protections for AI are unlikely to confer the benefit of ensuring regulatory compliance. Rather, IP protections for AI “inventors” present a host of negative externalities and obscures the fact that the genuine inventor, deserving of IP, is the human agent. This document will conclude by recommending strategies for WIPO to bring IP law into the 21st century, enabling it to productively account for AI “inventions”. Theme: IP Protection for AI-Generated and AI-Assisted Works Based on insights from the Montreal AI Ethics Institute (MAIEI) staff and supplemented by workshop contributions from the AI Ethics community convened by MAIEI on July 5, 2020.

Submitted to the World Intellectual Property Organization