FEATURE SMART FACTORIES & AUTOMATION


Steps to protect


intellectual property


as industry 4.0 takes hold


by Carys Everitt, legal director, Keebles I


ndustry 4.0 – which will substantially change how intellectual property (IP) is


used and protected – is forecast to bring a sharp increase in disputes around ownership of IP rights. Technological advancements, such as


the Internet of Things, Big Data, virtual technologies and artificial intelligence which sit underneath Industry 4.0 will drive developments in IP law – particularly as machine and cognitive learning enable computers to generate new inventions and novel ways of completing tasks previously undertaken by humans. The fourth industrial revolution


challenges the current understanding and use of IP protection and commercialisation strategies, justifying the development of new approaches better suited to rapidly changing and highly integrated business networks. Keeping abreast of these developments


– which take automation to a whole new level – is paramount to ensure manufacturers maintain ownership of their IP and prevent competitors taking commercial advantage of their R&D, ideas and business processes. The challenges over copyright include


ownership of work generated by virtual technologies and artificial intelligence systems. UK copyright law which deals with computer-generated works is fraught with difficulty in its current format and likely to spark a rise in litigation. This is because whereas traditional


copyright law protects the original creations of authors – who have historically been human, UK copyright law


2 MAY 2019 | FACTORY EQUIPMENT 0


goes beyond this by acknowledging that works could be computer-generated. As AI becomes more advanced with


allocated tasks giving it the freedom to make its own decisions, it may become increasingly difficult to say with certainty exactly who created – or made arrangements necessary to create a given work – or whether anyone made them. In a scenario where AI is fully


autonomous and no person made provisions to create work which requires originality for copyright to subsist – then no copyright could exist in the work as there would be no author. Protecting IP rights requires a mindset


shift from protecting tangible structures and devices or configuring physical systems, outputs, operations and connections – to safeguarding intangible such as methodologies, configuration of virtual systems, data ownership, handling and storage, processing algorithms and brand recognition. Drawing up robust contracts will


therefore take on an unprecedented importance for those developing systems which rely on artificial intelligence (AI) and may result in new copyright works. Such agreements will require the inclusion of express terms on ownership, assignment and licensing.


Drawing up robust


contracts will take on an unprecedented importance"


A rise in the use of AI systems could


also produce new computer-implemented inventions requiring patent protection – again reinforcing the need for contractual parties involved in the manufacturing process to make provisions for ownership, assignment and licensing of AI generated inventions and patent rights. With the current rate of technological


and industrial change, and the unpredictable nature of technologies involved in the Industry 4.0 environment, it is advisable to draw on a variety of techniques to effectively identify and protect IP and avoid costly disputes.


WE RECOMMEND TAKING THE FOLLOWING MEASURES: 1. Setting up a dedicated technical and legal team for IP management of the business 2. Ongoing monitoring of IP, ensuring the businesses’ own IP rights are balanced with keeping tabs on competitors’ IP. Be aware that patents and other IP rights can be worthless if a competitor has something better 3. Always use non-disclosure agreements 4. Always use confidentiality notices 5. Always use non-disclosure clauses in contracts with employees and contractors 6. Implement security measures such as document management and security software to prevent data loss


As industry 4.0 takes hold, having


access to lawyers who are experienced in resolving potential IP disputes to avoid potential disruption to the manufacturing process is a priority.


Keebles www.keebles.com


/ FACTORYEQUIPMENT


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