Modern tech innovations are often focused on data-driven products, which incorporate mining data and then processing this data using algorithms to enable AI applications to perform what human beings have previously accomplished.  In such innovations, there are two valuable commodities – the data itself, and the algorithms/systems that process it and produce a useful result.

Today’s Laws

The key types of IP relevant to the creation and use of data are patents, copyright and confidential information / trade secrets.  However, as IP law is still coming to grips with technological progress, it is important to ensure that IP strategies are not reliant upon one or two IP rights but a combination of IP rights to maximise the value that can be extracted from your innovation in both the component parts of a system and the system as a whole: for example, the data itself, any analytics used to mine the data, the AI system that utilises the data, and the end product/result generated by the AI system.

So what are some of the critical issues (both positive and negative) which you need to consider when determining which IP rights to deploy to protect your data-driven innovation?

Conclusion: A Diverse Strategy

A strategic analysis of these critical issues will drive the creation of a successful IP protection strategy for data-driven products. So:

  • Think holistically and consider all available IP rights. More than one type of IP right may be available, and each will have its advantages and disadvantages;
  • Consider the overall system/device as well as the component parts, as IP protection is available for both and the applicable IP rights can vary depending on the subject matter in question.
Author

Sumer has experience advising across a broad range of IP/TCC disputes and commercial contracts, involving patents, trade marks, copyright, confidential information, consumer law issues and regulatory issues, with a particular interest in new and emerging technologies.

Author

Helen has 20 years' experience as an intellectual property litigation and dispute resolution specialist, advising on all types of intellectual property including patents, trademarks, copyright, moral rights and confidential information. Helen also has extensive experience advising clients on consumer law issues and disputes, in particular in the area of misleading and deceptive conduct disputes between competitors and with regulators and industry bodies arising from marketing and advertising campaigns.

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