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26 January 2018Copyright

AI and blockchain to disrupt IP landscape in 2018, says Hogan Lovells

Hogan Lovells yesterday published its second Global IP Outlook report, summarising the IP landscape and predicting the rise of disruptive technologies in 2018.

The “Two Steps Forward and a Look Back” report focuses on the way new technologies, such as artificial intelligence (AI) and blockchain, are disrupting IP.

The report notes that current law precludes the possibility of a machine itself being an inventor capable of IP ownership. As such there will likely be an increase in disputes involving those who claim they contributed to the development of AI systems.

Hogan Lovells’ report predicts there will be more certainty around what is a patent-eligible subject matter in blockchain networks, which will increase patent filings around the technology. In particular, as cryptocurrency Bitcoin gains popularity, banks and insurance companies will increasingly use and file patents relating to the technology.

Security is a rising concern for businesses in 2018 as cyber threats increase and brand owners are forced to adjust their enforcement measures, in order to protect their brands and their consumers.

The report claims that as more generic top-level domain extensions have been introduced, more opportunities for cybersquatting and cyber fraud are available.

Elsewhere the report predicts that China will become an increasingly legitimate market, particularly in relation to patents covering cryptocurrencies and blockchain, as China’s technology sectors expand.

The report indicates that China’s new policies on ‘ bad faith’ trademarks and patent infringement are likely to have a profound impact on IP enforcement and trials in 2018.

This prediction comes shortly after China was once again listed in the US Notorious Markets List, in 2017, with IP concerns listed as including online copyright infringement and counterfeit goods.

Andreas von Falck, media and technology practice group leader at Hogan Lovells, said: Disruptive technologies significantly influenced our clients’ businesses and our work last year.”

He notes that AI and self-driving cars are no longer future considerations, but are rather the reality of the modern day.

He added, “businesses need to make sure that they anticipate these developments and resulting new market entrants, and that their IP portfolios are sufficiently aligned to maximise opportunity”.

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