Research on the Trademark Protection of Artificial Intelligence Generation Technology Achievements
Year: 2024
Type: article
Abstract: With the rapid development of science and technology, artificial intelligence has become a hot spot in the field of global innovation. Artificial intelligence has led a new round of scientific and technological competition and is known as the “fourth industrial revolution”. The rise of generative artificial intelligence technology and the adoption of artificial intelligence to generate technological achievements have triggered a new challenge for trademark recognition. This kind of technology has the unique characteristics of self-learning and self-optimization, which is significantly different from the traditional object of intellectual property protection. However, the current legal framework is often difficult to cover the innovations of such emerging technologies, which leads to many disputes on the determination of trademark rights. In view of the difficulties faced by the identification of trademark rights of technological achievements generated by artificial intelligence, we should improve the relevant provisions of Articles 30 and 31 of the Trademark Law on infringement of the prior rights of others, and introduce professionals to conduct manual audit and expert evaluation. At the same time, we should also define the trademark ownership of artificial intelligence technology achievements and the defining standard of human creative contribution, and introduce “confusion possibility” as the identification standard of trademark infringement.
Author: Ningxun Cai
Institution: Shanghai University
Language: English
Subfield: Artificial Intelligence
Field: Computer Science
Domain: Physical Sciences
Open Access status: diamond
OpenAlex ID: W4405762297