To Litigate or Legislate in the World of Artificial Intelligence?

By Lucas Tjia, Practice Trainee (Profile)

What are some of the challenges that the legal system will face in cases involving new technologies? Given the not-so-unpopular sentiment that the law is always playing catchup with technology, this important question is even more relevant today where web-conferencing has become the new norm. This was thus the topic of a webinar held last Thursday on “Adapting Intellectual Property Laws to Promote Innovation and Creativity in New Technologies”, as part of the Singapore-United States Third Country Training Programme (“TCTP”).

Speaking to a virtual crowd comprising participants from the US and various ASEAN countries, our Managing Director, Mr. Jonathan Foong (Profile), had the privilege of being invited to speak on this topic alongside other luminaries in the Intellectual Property industry, such as Prof. Justin Hughes from Loyola Law School, Mr. Mark Lim from the Intellectual Property Office of Singapore, and Mr. Evan Williams from the US Department of Justice. The webinar was moderated by Mr. Peter Fowler from the US Patent and Trademark Office.

Focusing on the implications of Big Data and Artificial Intelligence (“AI”) on copyright law, Mr. Foong discussed a broad range of issues, from the inherent limitations of copyright law vis-à-vis Big Data to the future of the “fair use” defence in the age of AI.

Profound questions were raised for the audience to chew upon. Are works created solely by AI be deserving of copyright protection? Who owns the copyright in such works? How do we reconcile the tension between incentivising investment into databases and ensuring sufficient access to data? Is there a way to provide sufficient protection for AI-derived works while ensuring the continued preservation of human creative ingenuity?

“Litigate or legislate”, Mr. Foong concluded as the way forward, noting that more conversations on these difficult issues are essential to ensuring that the legal system is well-prepared in responding to developments in technology.

If some of these issues raised in this article interested you, or if you have a problem that needs solving, we would be happy to hear from you. Drop us an email at ask@that.legal and #LetsTalkAboutYourChallenge.