The front line intellectual property rights for AI and big data
are patents, copyright, the sui generis database right and
trade secrets. These are discussed in more detail below. Patents,
copyright and the sui generis database right are not
always suited to protect AI or data. In all cases, confidentiality
should be carefully preserved and suitable contractual arrangements
put in place.
Complexities in protecting for AI and big data do not seem to
have dampened R&D. In many industries, the current investments
in AI may owe less to the incentives of intellectual property
ownership and more to intense competition. The car industry, in
particular, is in a headlong race, involving incumbents and
tech-focused new entrants, to achieve the winning
"platform" business model for "mobility as a
service".