During last week’s PWS Session, Vaidehi Gupta, Associate, led a discussion on ‘Would restrictions on AI training with copyrighted materials be detrimental to the public interest?’ The session delved into the complex interplay between Artificial Intelligence (AI) technology and copyright law, probing critical questions that shape this dynamic landscape. The members scrutinized the notion of originality vis-à-vis AI-generated works that are created using copyrighted materials and contemplated the potential ramifications of machine learning on creators’ interests. The discussion then reflected on the adequacy of the current framework in safeguarding authors’ rights while nurturing innovation. The members also brainstormed potential steps that might allow for a regime that will equitably harmonize the authors’ rights to derive benefits from their works with the larger public interest of having the widest possible access to such works.

ALG Of Counsel and Former Deputy Registrar of Trademarks, Mr. R.A. Tiwari has been invited by World Intellectual Property Organization (WIPO) to share his insights in a seminar on the Practical Aspects of the Madrid System for the International Registration of Marks. This seminar is being conducted in Singapore on June 6–7, 2024.

Along with Mr. R.A. Tiwari, other guest speakers are Ms. KOH Chii Boon (Registry of Trade Marks, Intellectual Property Office of Singapore), Ms. Attiya MALIK (Office of Policy and International Affairs, United States Patent and Trademark Office), Ms. Lucy HEADINGTON-HORTON and Mr. Sidney GRAY from WIPO, Ms. CAI Ye (Wanhuida Intellectual Property), and Ms. Lorraine TAY, (Bird & Bird ATMD LLP).

Interns – Vanshika Gupta and Madhuri Mittal have commenced their General IP Internship with the firm’s law practice.

We hope their stay in the firm during the 4 week period of their internship will be mutually enriching and that the firm and they will learn exciting things from each other!

During last week’s PWS Session, Anurathna Mathivanan, Associate, led a discussion on “Does protecting AI artwork that emulates the style of artists generate art literacy?”. The session led with a discussion on the growing prowess of generative AI technologies that emulates the styles of various iconic and prominent artists to generate new works of art. The members discussed whether AI technology offers newer and greater accessibility of art to the public and if so, whether there are ethical qualifiers that need to be met for consumption of AI technology and such works. The members deliberated on whether works generated by AI have social value to be capable of being protected under the intellectual property regime, and if AI works that emulate techniques and styles of artists render the AI works incapable of ingenuity and copyright. The members also delved into personhood theory and whether consciousness is a facet of determination of originality of work. The members were able to arrive on a consensus that at the current scenario, while AI works may have social value in art education, AI technologies may have the ability to thrive in IP ‘negative spaces’ in a robust manner.

A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Vaidehi Gupta, Trainee Associate on “Whether Database Subscriptions ensue a Transfer in Copyright eligible for Taxation as Royalty?”. The seminar delved into the intersection of taxation and copyright, and focused on the nuanced question of whether subscription fees for online databases entail a transfer of copyright, making them eligible for taxation as royalties. The discussion clarified that while these fees provide access to data, they generally do not involve a transfer of copyright.  The case laws delved into the nature of transaction while seeking access to databases, and determined that users are granted access rights within the parameters of their subscription agreements, and there is no transfer in the copyrighted material. The seminar ended with a discussion on the need for stakeholders to understand this distinction to accurately assess tax liabilities and ensure compliance.

The presentation can be accessed here.