Only Humans? AI Creations Also Protected... Strengthening Digital Intellectual Property Rights

KIPO Promotes 'Intellectual Property Innovation Strategy'
Institutionalization and Legislation for Rights Protection of Data, Hologram Trademarks, etc.
Building Data Utilization Infrastructure... One-Stop Support Plan for Promising SMEs

On the 23rd, the Korean Intellectual Property Office announced the "Digital Intellectual Property Innovation Strategy Based on Artificial Intelligence and Data" at the 28th National Intellectual Property Committee meeting chaired by the Prime Minister. The innovation strategy includes the creation of intellectual property in digital new technology fields such as AI-generated works, data, hologram trademarks, and image designs, as well as strategic utilization plans for intellectual property data. Provided by the Korean Intellectual Property Office (Source: Clipart Korea)

The innovation strategy recognizes the importance of digital intellectual property such as AI-generated works, data, hologram trademarks, and image designs, and mainly outlines plans to strategically create intellectual property in digital new technology fields and utilize intellectual property data.

[Asia Economy (Daejeon) Reporter Jeong Il-woong] In 2019, patent applications listing the artificial intelligence system (DABUS) as the inventor of food containers and lamps were filed in Europe and the United States. However, these patents were rejected due to the current patent law limitation that recognizes only 'humans' as inventors.

On the other hand, recently, with the increase in online economic activities and the acceleration of digital transformation, the protection (registration) and infringement issues of digital new technologies, including artificial intelligence, have emerged as new topics in the international community.

The Korean Intellectual Property Office (KIPO) announced on the 26th that it will establish and promote the 'AI and Data-Based Digital Intellectual Property Innovation Strategy' as a process to address these issues.

The innovation strategy mainly recognizes the importance of digital intellectual property such as AI-created works, data, hologram trademarks, and video designs, and includes plans to strategically utilize intellectual property creation and intellectual property data in the digital new technology sector.

First, through the innovation strategy, KIPO plans to explore the need for rights protection of AI-created works together with related government departments and establish institutional directions in line with international discussion trends.

The Korean Intellectual Property Office plans to promote the utilization of intellectual property while preventing unfair intellectual property rights infringements by advancing 10 key legislative tasks across six major intellectual property laws. The table shows the legislative tasks and implementation schedule by intellectual property law. Provided by the Korean Intellectual Property Office.

Additionally, to support tasks such as data, hologram trademarks, and video designs for which institutional directions have been determined, KIPO intends to expedite the revision of related legislation. This includes establishing provisions in the Unfair Competition Prevention Act to prevent unauthorized use and acquisition of data, and expanding protection for new types of digital trademarks such as holograms and motion trademarks, as well as video designs.

To this end, KIPO plans to pursue 10 legislative tasks across six major intellectual property laws: the Unfair Competition Prevention Act, Copyright Act, Patent Act, Trademark Act, Design Protection Act, and Invention Promotion Act.

Alongside this, infrastructure will be built to support individuals and companies in utilizing intellectual property data, and efforts will be made to strengthen the competitiveness of digital industries based on intellectual property. Priority will be given to supporting patent big data analysis for intellectual property data utilization, and an environment will be created where AI is integrated into patent analysis systems for real-time use.

Furthermore, KIPO's plan is to provide one-stop support from patent strategy and technical assistance during the research and development (R&D) phase to securing intellectual property rights after R&D, enabling promising small and medium-sized enterprises to create core and foundational patents in digital industry fields such as artificial intelligence.

In particular, KIPO intends to improve systems to harmonize domestic regulations by leading the formation of new international norms such as preventing trade secret theft through data networks and digital copyrights.

This content was produced with the assistance of AI translation services.