Home > Calendar > IP Osgoode Speaks Series: Aviv Gaon "IP at a Crossroad:Awarding Protection for Algorithm"

IP Osgoode Speaks Series: Aviv Gaon "IP at a Crossroad:Awarding Protection for Algorithm"

Date: 26-Mar-2020
Time: 12:30 PM - 02:00 PM
Location: Osgoode Hall Law School, Room 2027
Link: RSVP

IP Osgoode Speaks Series:

Aviv Gaon "IP at a Crossroad:Awarding Protection for Algorithm"

Algorithms are the building blocks of artificial intelligence (AI) and advanced computer programs. As coding methods progress, legal challenges associated with those changes pose intriguing questions, both theoretically and practically. My paper explores the legal protection awarded to algorithms and argues that in the coming decade awarding IP protection for algorithms might not prevail. IP law stands as one of the core legal frameworks that regulate technology and thus is most likely to be affected by algorithms and AI. Considering how algorithms are and/or will affect IP law is an important task that should be addressed, sooner better than later. On the theoretical level, applying algorithmic data processing would shift our legal frameworks from “one size fits all” to “tailored-made” systems in which algorithms will “provide a tailored statement of what is permissible.”  There are other issues that we should consider. Copyright, for example, made sense in an era when programming was based, to some extent, on literature codes. With advancements in technology, where significant parts of the coding do not necessarily require actual “writing”, copyright protection rationale weakens. And while the bulk of coding is still done the old-fashioned way (i.e. writing and typing) new environments allow programmers to select icons that visually represent functions.  Patent law and Trademarks could face similar outcomes. When we think about Patents the most prevailing theory is the incentive theory – we reward human inventors for their inventions to foster creativity and subsequent creations. However, in an era in which inventorship can be programmed without human involvement, is there is really a need in patent protection? And if not – will patent law survive the upcoming legal turmoil?  Additionally, trademarks could be affected by advanced algorithms, although it might happen differently. Trademarks law is ostensibly designed to limit consumer confusion. In establishing whether a mark might confuse or dilute a registered trademark, judges rely on their human experience and knowledge. Algorithms might be able to detect mark’s pattern which would not be apparent to the judges. In my presentation, I examine the expected changes algorithms might have on IP law in the coming decade. I show how IP law effect and was affected by developments in programming, draw conclusions to the expected changes algorithms and technological developments might have, and frame the way those changes would shape IP law.

Dr. Aviv Gaon earned his Ph.D. in Law from Osgoode Hall Law School, Toronto Canada in 2019. Dr. Gaon is a member of IP Osgoode Center for Intellectual Property and Technology, and a 2019-2020 Fellow at The Munk School of Global Affairs and Public Policy at the University of Toronto. Dr. Gaon specializes in Intellectual Property, Law & Technology and Competition Law. Dr. Gaon earned his bachelor and master degrees in Law (LL.B & LL.M) at IDC Herzliya ,and upon completion of his legal studies, joined top Israeli law firm as an associate at the Competition & Antitrust Department, where he provided legal counsel to individuals and companies with respect to a wide range of legal issues. In his academic capacities, Dr. Gaon is the Director of IDC Herzliya Experiential Programs, the Director of Harry Radzyner Law School Honorary Program and a lecturer at Ben-Gurion University of the Negev. Dr. Gaon recent publications focus on legal implications and regulation of emerging technologies including artificial intelligence.