Detecting and Prosecuting IP Infringement with AICan the AI Genie Repulse the Forty Counterfeit Thieves of Alibaba?
Daniel Kiat Boon Seng · 2021
Abstract Drawing from available quantitative and qualitative data, this chapter briefly identifies and describes the automated as well as the more sophisticated AI-driven systems deployed to detect and enforce intellectual property rights (IPR) infringement by trademark and copyright holders in the online environment. It studies the legal basis for the use of such automated systems in copyright and trademark laws, and examines how such automated systems have upended, refocused, and altered many of the issues of IPR infringement and their enforcement. This chapter will also look at the problems of non-compliant Digital Millennium Copyright Act takedown notices, opportunistic copyright trolls, and non-interventionist Internet intermediaries, review the relevant judicial and legislative treatments including those in the Directive on Copyright in the Digital Single Market, and propose possible solutions to these problems.