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Artificial intelligence is an emerging topic in intellectual property protection. The chapter starts by useful definitions of big data and AI and explores some of the work done on AI and big data in the WTO and in particular under the Agreement on Trade-Related Intellectual Property Rights (TRIPS). The chapter then asks what needs to be done to adapt IP law to meet the challenge of big data and AI, by looking at distinct provisions of TRIPS.
World Trade Organization (WTO) members must be able to regulate tobacco as they see fit. Was that argument sufficient for Australia to win the case filed against it by a number of WTO members contesting the compatibility of its plain-packaging legislation (which prohibited non-word marks entirely and limited the use, format and size of word marks on cigarette packs) with two major WTO instruments, including of course the TRIPS Agreement?2
The World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) was signed (as an annex to the agreement establishing the WTO) on 15 April 1994 and entered into force on 1 January 1995.1 Leaving aside systems specifically designed to facilitate international registration of trademarks, the multilateral instrument containing substantive trademark law that preceded TRIPS was the Paris Convention.2